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The Analysis on the Contract Theory in the Administrative Contract

Author: ChenYiXin
Tutor: SunXueZhi
School: Jilin University
Course: Civil and Commercial Law
Keywords: Contract theory Administrative contracts Freedom of contract
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 186
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Abstract

With the development of society, the transformation of government functions, the administrative contract is more and more the emergence into the field of view of the people. Traditionally administrative contract of its public law as a starting point, the administrative contract contract often overlooked. This article starting from the essence of the contract theory, analysis of the administrative nature of the contract, to be demonstrated on the rationality and feasibility of the introduction of contract theory of administrative contracts to explore the introduction of contract theory of the role of the administrative contract. This paper is divided into four parts: the first part: the administrative nature of the contract. Domestic and international law experts on the administrative nature of the contract, there are still controversial. I believe that, we must first determine the definition of administrative contracts, which plays a fundamental support to study the nature of the administrative contracts and legal attributes. I will be the definition of administrative contracts: as a party to the administrative contract is an executive body, to implement administrative purposes and consistent agreement reached by the parties, meaning that. On this basis, I judged the administrative nature of the contract, public law contract administrative contract and a critical analysis of private law contract. Part II: contract theory introduced with applicable administrative contract. I believe that the contract theory rationality and feasibility of the introduction of administrative contracts. The basic principle of the contract, such as: the principle of freedom of contract, the principle of equality and the principle of good faith can use administrative contract. Contract a number of systems can be brought into the administrative contract for its use. Part III: the introduction of the significance of the administrative contract contract theory. Contract theory of the role of the administrative contract is mainly reflected in the private contract theory, the introduction of the principle of freedom of contract, the guarantee the administrative parties to the contract shall enjoy the freedom in administrative contract Contracting and fulfill the process will, in particular, is to guarantee the legitimate rights of the other party to administrative contracts rights. In addition, the administrative body enjoyed excellent usufruct combined with contract theory, the only way to standardize the administrative body of obligations. Finally, the administrative body enjoy natural privileges, the introduction of contract theory will be the chief subject of privilege be restricted, and prohibited abuse of privileges. Part IV: contract theory limit administrative contract. On the one hand, the administrative contracts with non-private law property. Administrative contract, after all, different from a civil contract, the main body of the main civil contract administrative contract, the object of the administrative contract with a certain degree of particularity. On the other hand, the contract theory limit administrative contract. First, the restriction of the rights of a party to the administrative contract. The second form of administrative contract Contracting limited by its nature must be more stringent in writing to the Contracting This is very different from the ordinary civil contract, that the Chief of Contracts need to type resistance. Third, restrictions on the contents of the contract. Fourth, the supervision of the performance of the contract. Administrative subjects in the implementation process of the administrative contract privilege, guidance, supervision and management on the performance of the contract, this is not only a public law foundation of another private law protection. Fifth, restrictions on administrative termination of the contract. The administrative subjects enjoyed for the needs of the public interest unilaterally terminate the administrative contract rights, so the law should be both substantial and procedural aspects of its regulation. Sixth, strengthen the administrative contractual obligations. Responsibility for violation of administrative contract is not only a breach of contract, special administrative contract, the responsibility of illegal characteristics. In the last article I write the administrative contract administrative remedies. All in all, this article of Administrative Contract Theory, from which both see the tremendous role played by the contract theory in administrative contracts, contract theory and summed up in the administrative contract limits. Contract theory to look again at this from a different perspective, so I learn in the future, study more fully understanding of contract theory.

The Analysis on the Contract Theory in the Administrative Contract

Abstract

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