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Allocation of the rights and obligations of the administrative contract

Author: FanWenJin
Tutor: YangMingCheng
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative Law Public interest Rights and obligations Contract theory University Press Administrative contracts Administrative philosophy Civil Contract Administrative action Administrative powers
CLC: D912.1
Type: Master's thesis
Year: 2006
Downloads: 198
Quote: 2
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Abstract


The flexibility, synthetically using of the power means and all sorts of non-power means is the assurance that a modern administration operates effectively. The contract is regarded as the idea even more the means, its strong infiltration ability is more and more obvious, not only flamboyant in the economic field nowadays, but also demonstrate its characterized glamour in administrative management activity, the administrative contract system can grow vigorously worldwide. But meanwhile, the quarrel about the basic theoretical question of the administrative agreement system has never been stopped, the corresponding one has presented a great deal of questions too in practice operated. This text from system, theory and all sorts of practice puzzled to set out, think with contradiction: Why on earth is in a situation that reality and theory have so fierce a contradiction, the administrative contract system can still grow vigorously, display so vigorous vitality? I think, this is because the appearance of the administrative contract system complies with the new tendency of the day, it is to the tradition and break-through and developing of classical theory, its content and form are desirability of the realistic detailed conditions. Really reflect the essential in administrative contract theory, can not defend tenaciously traditional machinery to explain, it can only be theoretical generalization and summary taking practical experience of the administrative contract as foundation. The administrative contract as a kind of system, itself store any problems in, existing problem is our law. So long as people cast aside the stereotype, modest research, treat the new things with the realistic, open attitude, the problem can well be solved. I think, we can ignore first those complicated and confusing theories quarrel, but proceed from inside of the administrative contract system, to controlling and encouraging the key element of development of administrative

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CLC: > Political, legal > Legal > UNIVERSITY > Administrative law
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