Research On The Mechanism Of Handling Breach Of Administrative Contract Counterparty

Administrative organs to exercise administrative functions,administrative contract,as a kind of important means,is widely used at the same time,followed by the disputes between the administrative subject and administrative relative person.At present,the law only stipulates that administrative contract counterpart has the right to bring an administrative suit when the administrative subject fails to perform the administrative contract as agreed.It does not stipulate which remedy approach the administrative organ could choose when the administrative contract counterpart breaches the contract.In view of the legal loophole,this paper probes into the relief approach of administrative organs when the counterpart breaches the contract,and puts forward a relatively reasonable relief approach.The article is divided into four parts.First of all,the first part is an overview of the default of the administrative party,expounding the concept and characteristics of the administrative contract,the concept and form of the default of the administrative contract counterpart,besides the form and responsibility of the default of the administrative party.Secondly,this part analyzes the three existing approaches of dealing with the default of relative party,and concretely analyzes the administrative processing first,approaches to civil lawsuits and administrative litigation approaches,and sorts out and analyzes the dispute points of applying for non-lawsuit execution.Third,this part deeply analyses the system of the administrative organs applying for compulsory execution.At the same time,putting forward the best processing way of administrative contract breaching by the other party.Before applying for compulsory execution,pass a failed to supervise and urge the other party the performance,when the other party within a reasonable period not performance,"reminder" in the form of administrative contract can be converted to unilaterally the specific administrative act,the administrative organ has right to apply to court for compulsory execution.Finally,as the focus of the paper,this part analyses the problems existing in the application for compulsory execution system of administrative organs,and puts forward corresponding countermeasures.This part analyzes the main problems existing in the application of non-lawsuit execution on the whole,and then proposes to promote the legislation of administrative contract and improve the system of mediation and reconciliation.Therefore,in order to give full play to the maximum value of administrative contract system,it is necessary to balance public interest and private interest.We can learn from the German desirability,also consider the administrative nature of administrative contracts.Exactly the way of administrative organ applying for the enforcement,can not only protect the relative person's legitimate rights and interests through the "reminder" procedure,but also can protect the administrative nature of the administrative contract.