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On The Legal Remedies For Administrative Contract

Posted on:2016-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2296330476950508Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative contract administrative activities play an increasingly important role, but in view of the administrative contract system in our country law is not comprehensive, and its legal remedies shall also scattered among fragmentation. The newly revised "Administrative Procedure Law" for administrative contract scope of the case and the decision to do the relevant provisions of the form, which can be said to be a major breakthrough in the administrative contract relief. But administrative contract legal relief system, the litigation relief there are problems, relief action also needs outside the norm. In this paper, by statute analysis, document analysis and comparative research methods that the litigation outside the remedy, the consultative process should be more rigorous and standardized in order to protect the interests of relative person. Administrative arbitration should apply to administrative contract relief, specific performance of the development of relevant arbitration clause.Administrative review should be expanded by the scope and content clear reconsideration review. In the "New Administrative Procedure Law" in the context of the provisions of the statute "agreement" has a lot of qualifiers, while the administrative contract as just part of the administrative contract preexisting cause of action, the agreement mentioned in the statute. Relief administrative contract still needs to improve, in addition to administrative contracts may contract arbitration of the entire administrative system into the scope of the case, specifically applicable to administrative proceedings of the type of contract, a reasonable allocation of responsibility and references to the mediation mechanism.
Keywords/Search Tags:Administrative contract, Range, Relieve, Perfect
PDF Full Text Request
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