The Research On Administrative Contract

The system of administrative contract in our country has established initially and developed progressively under the theory of service-oriented government and the theory of executive payment, achieving considerable wealth and summarizing a range of practical experience that is suitable for us. But we should realize that the system of administrative contract has huge space for development. The unique characteristics determines its independence and flexibility as an administrative means. The field of administrative regulation has continuous development and improvement by the theory and practice each period in each country.Beneficial of administrative acts increase the proportion of administrative actions such as information services,resource management and readiness environmental and economic order and so on.With the rise of executive payment in modern country,in particular fueled by democratic ideas,to achieve the purpose of executive pay,there is a tendency to use various means.Administrative contract can achieve the purposes of service administration.Develop a system of functions and values,the first of all,should seek a breakthrough in the theoretical foundations.In this paper,on the base of public choice theory and transaction cost theory,summarize the administrative contract play an important role besides system value.It includes meeting the growing demand for public services, improving the status of the administrative counterpart,breaking the government monopoly in the field of public service,cubing the rent-seeking behavior of government officials. Summarize the specific content and the types of the administrative contract through analysis of these values.China needs to establish a comprehensive system of administrative contract.From the subject and the main purpose of the administrative contract, full use of principles of Civil Law to solve the problem of administrative contracts is flawed.So there are reality and necessity to regulation administrative contract from legal point.