Administrative Contract Research

Currently, administrative contract is becoming a vital instrument taken by the government to administrate the public affairs and provide public products in China. Therefore, to learn and research the administrative contract, make sure of its character and value, make it better serve the public administration has been an important topic.Radically speaking, the occurrence and existence of any social system all rely on the objective and factual demands of the society, so is the occurrence of administrative contract. Ever since the 1980s, with the global development of economic reform, to treat with the co-relations between states and economic activities, governments and enterprises has been a common subject. Consequently administrative contract has turned into a common option for the reason that administrative contract is actually a kind of contract based on the respect to administrative counterpart's willing and it is also an agreement after negotiation. Compared with administrative order, it is more acceptable by administrators and favorable to govern the public affairs. By absorbing the agility character of civil conduct, it can realize the public purpose and public interest under a harmonious circumstance with administrated parties. Such dualism of administrative contract conforms to the orientation of social economic reform and the changes of people's democratic thoughts and attitude towards the country as well.Apart from the demonstration of the administrative contract's basic theories, this essay illustrates the functions and operational methods of administrative contract in the public administration. Moreover, the author took the reform in Shanghai gas industry as an example in this essay to analyze the administrative contract characters and problems of the Shanghai Gas Franchise Agreement. There are three fundamental views as follows. First, administrative contract is a concept in administrative law. Therefore, it should further ensure that it has the public law character of specific administrative conduct. Second, the remedy of administrative contract should be subject to the principles of public law remedy. Finally, there is a wide space for administrative contract to develop in the field of public administration. With the development of social economy, its category will continually increase and its importance will be further presented.In terms of the problems encountered by the administrative contract in the public administration field, the author brought out some suggestions at the end of this essay in the hope to consummate the China's administrative contract system.