Research On The Application And Perfection Strategy Of Administrative Contract In Administrative Management

Content: Along with the change of administrative management idea and the expansion of administrative task,administrative contract as a new "flexible" administrative management mode has emerged,so that enhancing the effective supply of public service and improving the efficiency of administrative management.Under the overall framework of the essential attribute of "administrative nature",the administrative contract give the relative freedom of willing to the maximum extent,and also confers on the relative person the full freedom of behavior in a certain space.So that the relative person can use their own resources,fully play the subjective initiative to participate in the administration,and finally achieve the purpose of administration,with the effective unity of public interests and personal interests.Therefore,the administrative contract has been encouraged by the state policy,supported and guided by many separate laws and regulations as a clear application of the directive,and widely used in the process of administrative affairs producing better results.However,at present,there is no special "Administrative Contract Law" or "Administrative Procedure Law" in our country,the administrative contract has not yet formed a system in the management level,and the theoretical research of administrative contract is also concentrated in the field of administrative law,but studying the works of administrative contract from the perspective of administrative management.So it leads to many problems in the practice of administrative contract.The purpose of this paper is to solve the problems of administrative contract in the process of application,to give full play to the role of administrative contract in administrative management,so that the government can better achieve the specific purpose of administrative management.The research of this paper is based on the empirical method,case analysis,inductive reasoning as the auxiliary,logical analysis as the main line.The layout of the text is the current situation,problems,reasons and countermeasures.In the first part,in the face of theoretical disagreement about the definition of administrative contract,the author talks about it,but determines the concept of administrative contract directly according to the existing laws and regulations,and locks on the research object and scope.It also analyzes the characteristics of administrative contract,especially explains the administrative contract has five powerful functional values: fill the legal gaps,enrich administrative means;promote democratic administration,improve social relations;strengthen the concept of service,facilitate functional change;absorb the wisdom of the public,stimulate the public initiative;reduce the administrative cost,improve the administrative efficiency.Part two,the existing national policies,legislation and laws,administrative regulations related to administrative contracts,the local laws and regulations are collected and sorted according to the contract content standard.The author concludes that there are franchise contracts,expropriation and compensation contracts,natural resources transfer contracts,government procurement contracts,public-private partnership contracts,administrative payment contracts,executive guarantee contracts,teaching and scientific research contracts,negotiated contracts,totally,nine application areas and types;Part three,using methods of case analysis,select four types of real typical administrative contract as cases cooperative operation case,housing collection and compensation case,land use right transfer case and low-rent case to analyze.Based on the founded personality problems,It is concluded that the administrative contract is vulnerable to infringement of the rights and interests of the administrative counterpart in the process of administrative application,the administrative subject commits illegal breach of contract at will,the administrative contract infringes on the third party or the public interest,and the administrative contract loses its established binding effect.Through the representation of the problems,the reasons for the application of the administrative contract are analyzed deeply In four ways: the absence of legislation,the absence of the system,the poor consciousness of government compliance with the law,and the one-sided pursuit of private interests by the relative party,taking the process from the beginning to the termination of the contract as the logical thread,put forward countermeasures according to the time of signing,effective,performing and terminating of the administrative contract,Before signing of the contract,It is necessary to speed up the initiation of legislation on administrative contracts to ensure that there are laws to be followed,to clarify the applicable standards of administrative contracts and to prevent the abuse of administrative contracts;when they are signed,to standardize the procedures for concluding administrative contracts and ensure that they are open,fair and just;when they come into effect,to ensure that strengthen the examination of the administrative contract to prevent the weak effect of the contract;when performing,to regulate the superior right of the administrative subject and protect the relative trust interest;at the end,perfect the relief system of the administrative contract,and ensure the timely and effective settlement.