Research On Administrative Contract Litigation In China

In today's society,it has become a universal consensus to establish new legal norms for serving the public,the single tough government management system in the past has gradually absorbed gentle management policies,and the service-oriented rule of law has gradually established its own position,under this background,the administrative contract comes into being.In 2014,China firstly included the administrative contract into the scope of acceptance of Administrative Litigation Law,however,previous laws did not make relevant provisions on the content of administrative contracts.This change had caused a lot of resonance as well as many problems,therefore,this paper studies the administrative contract litigation system.The greatest significance of studying the administrative contract litigation system is to clarify the legal status of administrative contract litigation in the Administrative Litigation Law and to solve the difficulties encountered by judges injudicial practice.In order to promote the further improvement of the administrative contract litigation system and better play the role of administrative contract in the national administrative management.This paper starts with defining the meaning of administrative contract,clarifying the difference between administrative contract and civil contract,and extending the characteristics of administrative contract litigation.Then from the following aspects:vague scope of the case,unclear application of law,limitation of legality review and contract validity review,single plaintiff qualification and heavy defendant's burden of proof of the administrative contract litigation,it analyzes some main problems in administrative contract litigation in China.Finally,on the basis of the investigation of the administrative contract litigation system in other countries,from clearing tbescope of administrative contract litigation,clarifying the applicable standards of legal regulations for administrative contract litigation,optimizing legitimacy reviews and effectiveness reviews,empowering the plaintiff qualification of the administrative body and increasing the plaintiff's burden of proof,this paper learns its advanced experience,combines with the actual situation in China,then puts forward some specific suggestions to improve the administrative contract litigation system in China.