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Reciprocal System In Which The Administrative Counterpart Falis To Perform Contract Obligations

Posted on:2019-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ShenFull Text:PDF
GTID:2416330548473607Subject:Law
Abstract/Summary:PDF Full Text Request
With the increasingly extensive application of administrative contract to social governance,it is not uncommon for administrative counterparts to fail to fulfill their obligations under the contract.However,the one-way litigation model of “consistent and consistent construction” in administrative litigation is directed at the creation of traditional mandatory administrative actions.Judicial judicial review system only provides detailed provisions on administrative agencies' non-fulfilment of contractual obligations,ignoring the relatives' failure to perform contractual obligations,resulting in the destruction of the integrity of administrative contract,and the “contractual”performance content often being wrongly incorporated into the civil sector.Constantly.In response to the problem of administrative counterparts failing to fulfill their obligations under the contract,the relevant cases were used to elicit issues concerning the legal remedies for the non-fulfilment of relatives' obligations,and the solutions to the three modes of civil litigation,administrative enforcement,and non-litigation common in judicial practice were analyzed.And the inadequacies,based on this,progressively improve the remedy system in which the administrative counterparty fails to perform its obligations under the contract,that is,to improve the inadequacies of the legal application rules and mandatory enforcement systems against the counterparty's failure to perform the contract within the existing administrative legalframework.After introducing a mediation system to resolve disputes,it hopes to jump into the existing litigation framework and seek a way out.In the future“Administrative Procedure Law”,it will list a chapter of the administrative contract law to reconstruct a two-way litigation structure and give administrative agencies a limited right to sue.Review rules,laws applicable rules,etc.
Keywords/Search Tags:The administrative contract, The administrative counterpart falis to perform contract obligations, Reciprocal system
PDF Full Text Request
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