A Research On Administrative Contract For Conversion Of Farmland Back To Forests

In our country, conversion of farmland back to forests is one of the key projects to restore ecology and harness environment. The project, which is subsidized by central government to afforest and is contracted and operated by individuals, is carried out with administrative contract pattern between local government and private party in the administrative process. Administrative contract for conversion of farmland back to forests provided brand-new material to internal research on administrative contract and enriched administrative contract theory. Researching on administrative contract for conversion of farmland back to forests has significance of theory and practice to perfect the administrative contract for conversion of farmland back to forests, protect lawful rights and interests of private party in the administrative process, optimize administrative act pattern of administrative subjects, improve state environment protection investment results, and realize the purpose of restoring ecology and improving environment. In this essay a perfect theory system on administrative contract for conversion of farmland back to forests is formed by sorting out the ontology, the operatation, the liabilities of the delinquent party and the remedial action, and the duty of the post-contract systematically. Contrast to general administrative contract, there are more remarkable characteristics in administrative contract for conversion of farmland back to forests, for instance, the administrative subject is united, legal capacity of administrative subject is limited, the duty of private party in the administrative process can be performed by others, and so on. Faced with the deadline of subsidies for conversion of farmland back to forests expire in succession, theory and practice circle are recently studying the follow-up policy for conversion of farmland back to forests. This essay poses the duty of the post-contrac and attempt to provide a lawful support for our government's decision.