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On the Relief Mechanism of Administration Contract Disputes in China

Author: LiXue
Tutor: WangShiTao
School: Dalian Maritime University
Course: Legal
Keywords: Administrative Contract Disputes Relief Mechanism Improvement Measures Administrative Lawsuit
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 88
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Abstract

Currently, with the administrative contract is commonly used in the practice of administrative work, administrative contract disputes are increasing. Therefore, a perfect relief mechanism is required to be established. However, since the administrative contract disputes are influenced by the theory of private law under relief mechanisms and the disputes are paid less attention, the relief mechanism of Administrative contract disputes has not yet formed a complete theoretical system and which is not fit in practice need about development of administrative contract; Furthermore, defectiveness of Relief mechanism of Administrative contract disputes in the legalization causes chaos in judicial practices; moreover, the lawful rights and interests of both sides of parties cannot get due protection. All the information that is mentioned above is potential instability for the socialist development of rule of law. Otherwise, where there is no a remedy there is no right. Relief mechanism of Administrative contract dispute is playing an important role in administrative executive contract system. Also, it is an important guarantee for the realization of both parties’ rights. Researching the relief mechanism of the administrative contract dispute and improving the existing system is an urgent issue to be solved.In this article, Relief mechanism of Administrative contract dispute is studied based on the current situation which is insufficient relief of the Administrative contract dispute. And then a forward constructive suggestion is put to build a perfect system by analyzing and comparing some typical issues in Common Law and Civil Law countries. Certainly, this constructive idea is offering also according with basic national conditions in China at present. All in all, ding lots of work on the Relief mechanism of Administrative contract dispute is in order to get some help when the governor solves the problem of these kind of deputes.Structurally, the paper is divided into three parts:Introduction, main text, and conclusion. Otherwise, there are four parts of the main text. The first part is the overview of relief mechanism of Administrative contract dispute. Especially, it discusses the types and reasons why the disputes are rising. The second part introduces the current situation about relief mechanism of administrative contract dispute after analyzing the ways of relief, the various issues and so on in judicial practice. The third part separately states specific relief mechanism of administrative contract dispute in Common law system and the Civil law system. After comparing and analyzing the differences, then, conclude the valuable information that is fit for the practice in china. The fourth part is the key of this paper. Firstly it overall discusses the some problems should be noticed when the relief mechanism of administrative contract disputes is established. And then, it presents the methods of judicial relief and outside one can be taken while they are fixing the administrative contract disputes. To be sure, the outside judicial relief is including negotiation, arbitration, and administrative reconsideration. The judicial relief mainly is referring to administrative contract lawsuit. Meanwhile, it offers great points based on the scope of accepting cases, plaintiffs qualification, the burden of proof and the Judgment exercising.

On the Relief Mechanism of Administration Contract Disputes in China

Abstract

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