Validity Judgment On The Administrative Contract With The Incompetence Of Parties

House compensation contract is a typical administrative contract with the highest contention rate at present,and the flaws of its parties' competence are abundant in practice.On the administrative side,it is mainly manifested as lack of administrative subject qualifications;on the private side,it is manifested as lack of sanctions or agency rights.In the first case,the difficulty of the judicial decision is whether the established or entrusted organizations have administrative subject qualifications and administrative powers.The judgments have two interpretations on this issue: "authorization " and "trust." The former is limited to the case where the established organization is a house collection department authorized by administrative regulations,while the latter is inconsistent with theexisting administrative or contract jurisprudence.In the second case,there are two contradictory results : "invalidity " and "validity ".None of them can take into consideration the freedom of the parties concerned and the interests of the requisitioned households.After sorting out the cases,it can be found that the "validity" that violates the autonomy of the parties concerned has became the mainstream.The problem of judging the validity of the house compensation contract with a flawed qualifications of parties cannot be found directly in the existing legal norms.It is a direct problem in judicial practice,and also related to the construction of the theoretical system.It is urgent to study theoretically,and put forward a set of proper validity judgment scheme based on the doctrine of law.The compensation contract can be located in a three-dimensional coordinate system composed of intended debt,statutory debt and administrative behavior.Its essence can be interpreted as "intended legal debt",and we can observe it in comparison with administrative behavior.The determination of the administrative party should follow the relativity of statutory compensation obligations and the statutory principle of administrative authority;if there is an agency relationship between the statutory authority and the nominal subject of the contract,the nominal defect of the text can be explained by the exception of the naming principle.The protection of the right of the private party to choose themethod of compensation should weigh the autonomy of will against the administrative efficiency,the administrative purpose,and the principle of law stability.After the protection to the relevant parties by the contract procedure,the lack of sanctions or agency rights can be allowed.The validity judgment of the house compensation contract with flawed qualifications of parties can be made from the substantial and procedural aspects.In terms of procedural aspect,both the internal relationship of the administrative organization and the external relationship of the parties to the contract must be taken into account.At the level of internal relationship,four items need to be examined: the grant ability of agency rights,the capacity for executive power of the deputy,the capacity for administrative conduct of agency,and whether there is a formal action of granting agency power.In addition,it is necessary to demonstrate the nominal defect of the text does not affect the interests of the private subject in order to explain the reasons for the exception of the naming principle.In external relationship,it is essential to check whether the administrative institution has fully executed the procedural duties of notification and negotiation before the contract was signed.In terms of substantial aspect,the main review is whether the compensation method is legal.Only both the substance and procedure are flawless,can we hold that the flaw incompetence of the administrative party or the private party does not result in the invalidity of the contract.When public and private law norms are used to judge the validity of administrative contracts,corresponding adjustments must be made.The principles of administration by law and the principle of will autonomy should interact and work together in administrative contracts.The judicial review of administrative contracts can follow a framework consisting in four parts: "statutory-intent,procedure-entity".Judging the validity of administrative contracts and other relative researches require a coherent thinking of public law and private law.The development of practice and the accumulation of individualized research will help establish a relatively complete and comprehensive set of rules and theoretical systems for judging the validity of administrative contracts.