Research On Legal Regulation Of Administrative Contract

The function of the modern government has been changed from negative to positiveadministration. Public administration and institutional power structure is also undergoing change.Administrative contract is the modern administrative functions and powers of administrativechanges in the structure of the product, which shows the government has regarded the citizens notonly as the being managed, but also as a separate legal entity and administrative partners.Meanwhile, administrative contract reduced the confrontation between the government and thecitizens in the reason of the differences of interests and objectives. Administrative contract arewidely used in practice, but at the same time the problems which they produce are graduallyincreasing. At present, our country has no legislation on the sound of administrative contract, andthe conclusion of the procedure is very irregular, which lead to the practice of dispute is difficultto get a proper solution. This article is a theory of explore. At first, combined the domesticscholarly and the foreign legislation, I propose the meaning of administrative contract and analyzethe its nature and the rule of law values. The second chapter analyzes the problems of emergenceand development of administrative contract, as well as China’s administrative contract applies.The third chapter introduces the experience of the foreign legal regulation on administrativecontract, in order to draw on opinion for our country. The last chapter I propose the personalopinion about the legal regulation of administrative contract on the base of our practice, in order topromote the improvement of the legal regulation of administrative contract as soon as possible.