An Analysis Of The Liability For Negligence In The Conclusion Of An Administrative Contract

Administrative contract is a non-mandatory administrative management method.With the extensive use of administrative contracts in administrative management,the value of administrative contracts has gradually been recognized.At present,the research on administrative contracts in academic circles mainly focuses on the implementation of administrative contracts,but the contracting stage in which contracts have not yet been established is often ignored by academic circles.China's newly issued "The Supreme People's Court Provisions on Several Issues in the Trial of Administrative Agreement Cases" covers the content of the liability system for negligence in administrative contracting,but the judicial interpretation only provides the framework of the liability system for negligence in administrative contracting.Good guidance on judicial practice.In addition,due to the different nature of the administrative contract and the civil contract,the construction of the administrative contract fault liability system cannot copy the experience of the civil contract,but should carry out specific analysis based on the particularity of the administrative contract.The dual nature of administrative contracts determines that the content of negligence in administrative contracts should be stricter than that of civil contracts: in terms of pre-contractual obligations of administrative contracts,because of the purpose of public management of administrative contracts,the content of pre-contractual obligations should be greater than that of civil contracts More extensively;in terms of the attribution principle and the burden of proof of administrative contracting fault liability,due to the unequal status of the parties to the administrative contract,the system design should be more biased towards protecting the administrative counterpart;in terms of remedies for administrative contracting fault,Judicial relief has certain shortcomings,and extrajudicial relief has many advantages.It should take extrajudicial relief as the main relief method and judicial relief as the secondary relief method.