| In the process of innovating government management methods,administrative agreement,as an efficient administrative management method,has been widely used in practice.Administrative agreements are different from general private law contracts in that they have dual attributes of contractual and administrative nature.Obligations are broader.Because of its special subject status and the responsibility of administrative management,the administrative subject should undertake stricter pre-contract obligations in the stage of contracting.However,in the current administrative legal norms,the provisions on the obligation of the administrative subject to pre-contract are too scattered,and there are problems such as cumbersome laws and regulations,and the content of obligations is not comprehensive enough.Under the background that administrative agreements are widely used,it is urgent to improve the provisions of the administrative subject’s pre-contract obligations,and to clarify its legal concepts and basic elements,so as to promote the development of practice.This paper firstly lays a foundation for the determination of the classification standard of the administrative subject’s pre-contract obligation by analyzing the dual attributes of the administrative agreement,and provides a basis for the introduction of the concept of the administrative subject’s pre-contract obligation by means of the discussion of the theoretical origin of the pre-contract obligation.This paper analyzes the deficiencies of the current system and the necessity of standardizing the obligation of the administrative subject to first contract.Secondly,it discusses the feasibility and legal basis of regulating the pre-contract obligations of administrative subjects.On the basis of combining legislative precedents and judicial practice,it focuses on the role of the principles of good faith and due process in the process of regulating the pre-contract obligations of administrative subjects analyze.Then,according to the classification standard of obligations determined in the preceding paragraph,by using the case analysis method and the law analysis method,the empirical research on the specific content of the administrative subject’s pre-contract obligation is carried out.According to the classification standard of dual attributes of administrative agreement,the specific content of the administrative subject’s prior contract obligation can be roughly divided into two parts,namely the administrative subject’s contractual prior contract obligation and the administrative prior contract obligation.Among them,the administrative precontract obligation of the administrative subject is the focus of this thesis.This kind of obligation is the exclusive obligation of the administrative subject and has a crucial legal status in the system of the administrative subject’s pre-contract obligation.The administrative pre-contract obligations of the administrative subject mainly include the obligation of publicity,the obligation to ensure fair competition,and the obligation to organize public participation.Finally,this thesis makes a detailed analysis of the current administrative subject’s pre-contract obligations,and finds that there are still many deficiencies in these provisions,including the omission and ambiguity of legislation,and the lack of systematic norms for obligations.Then,based on the above-mentioned problems,it puts forward relevant suggestions for improving the provisions of the administrative subject’s obligation before the contract.The specific improvement measures mainly include three items: First,through legislation to systematically regulate the administrative subject’s pre-contract obligation;second,determine the duration of the administrative subject’s pre-contract obligation;third,reasonably introduce the liability system for contracting faults,so that the two constitute a complete system of obligations and responsibilities Fourth,strengthen judicial review of the performance of the administrative subject’s contractual obligations to provide judicial guarantees for the effective performance of obligations. |
