Research On The Effectiveness Of Administrative Contracts

Since the Administrative Litigation Law has incorporated administrative contracts into the scope of administrative litigation,administrative contracts have sprung up.In the case of the administrative contracts that was brought to the court,in addition to the four types of suspicious matters specified in the Administrative Litigation Law,there were cases in which the plaintiff directly filed suit against the validity,appealed against the contracts,and a ppealed to the termination of the contracts.Whether it is a general administrative contracts case or other administrative contracts case,the determination of the validity of the contracts is always a problem that must be faced in the court process.A legal and effective administrative contracts is a prerequisite for the performance of the contracts Therefore,the effectiveness of the administrative contracts should be the trial of the administrative contracts.The core problem of the case,this paper uses the method of empirical analysis to study the effectiveness of the administrative contracts,in order to enrich the theoretical research of the administrative contracts,and provide theo retical guidance for judicial practice.The administrative attribute of the administrative contracts is embodied in both the administrative subject and the administrative purpose.This determines the legality of the administrative contracts in the determination of the validity of the contracts,and draws on the rules of the legality review of the unilateral administrative act.Three results can be obtained:Legitimate and effective administrative contracts behavior,illegal and effective administrati e contracts behavior,major and obvious illegal administrative contracts behavior.The contractual attributes of the administrative contracts are expressed as consensual and limited freedom of contract.This determines the need to review the validity of the contracts when it is based on the rules and prin ciples of the contract law.The results of the review are three,effective ad ministrative contracts,invalid administration.The agreement and effect are pending administrative contracts,in which the effect of the administrative con tracts to be determined is the temporary state of the administrative contracts,which will be transformed into the first two effectiveness cases due to the ratification of the right holder.In the application of the law on the validity of administrative contracts,there is no administrative procedure law in China,and the provisions on administrative contracts are not complete in various places.Therefore,we can learn from the German administrative law to apply the civil law model.Under the premise of not violating the basic principles of administrative law and the general rules of law,the introduction of civil legal norms can make up for the shortcomings and shortcomings of China's traditional administrative legal norms in contract administration at the present stage.For both lega 1 norms,it should be "applied to both".According to the different choices of the review,choose the applicable legal norms.When examining the elements of administrative contracts involving administrative subject qualifications,statutory functions,etc.,it is necessary to apply administrative legal norms and administrative law principles,and to apply civil law norms and civil law basics when reviewing the validity of contracts involving the performance and termination of contracts,in principle.When the court deals with the validity of the administrative contracts,it must follow the "double review principle",and the court must respond to the legitimacy and effectiveness sepa rately.Since the administrative affairs involved in the administrative contracts have the power of public power,it is not enough to restrict it only by "legal and administrative regulations" in the contract law.The administrative regulations and administrative normative documents that are legal and effective and have substantive binding force can be As the basis for determining th e effectiveness of the administrative contracts.