Administrative Contract Relief System Study

As a new administrative management means, the administrative contract, for its corresponding to modern administrative ideas, has been widely used and plays an increasingly important role in China. It will inevitably initiate administrative contract disputes for a variety of reasons in the process of applying administrative contracts。These disputes must be resolved in a way that depends on the administrative contract relief system. However, the legal system of administrative contracts is weak in rule of law in China. Not only inadequate for theoretical research, lack of systematic andspecialized, but also the administrative contract relief system mishaps. There is a series of problems such as legislative sense lagging behind, lacking of coherent between the various relief measures, justice applies chaos, and so on. This paper is based on the urgent needs of administrative contracts relief system in theory and practice, comprehensively using the method of analysis, comparison and summarizing, attempting to explore administrative contracts relief system in theory. Accordingly, this paper will propose to amend and improve the current relief system of administrative contracts in China. All that is making an effort for the development of Contract administration system, not only in theory .but also practice, to enter a virtuous circle track.Unlike other administrative relief, administrative contract relief shows the features of two-way nature. That's because of the features just like administrative, contractual, officially and the nature just like two-way, non - mandatory, discretionary of administrative contract. There is more mature development of the administrative contract relief system in Western Countries. Through classification, analysis and comparison, the writer extracts the theory and system to use for reference to construct, improve administrative contract relief system in China, which behind other countries relief system.So it is the key point of the whole paper to construct the administrative contract relief system. Meanwhile, the relief system of the administrative contract is established based on current situation and experience from western countries against the characteristics of administrative contracts. That is to say, the relief system in China is combined with relief beyond lawsuit and lawsuit relief. Relief beyond lawsuit consists of negotiation, arbitration and administrative reconsideration. Lawsuit relief, which is administrative contract lawsuit, plays an important part in the system. Its specific contents rang from its necessity of various types to trial standards, client qualification evidence regulation, examining standards, the grounds and types of decree.