The Criterion Of Invalid Administrative Contract

It has been a long time for administration to perform administrative duties in the form of contract.The use of administrative contract has eased the tense relationship between administration and administrative counterpart to some extent,but our incomplete administrative contract legal system contains hidden danger when solving such disputes.The administrative contract is formally incorporated into the scope of the administrative trials,and the validity of the contract is the premise of the subsequent dispute handling.But in the practice of administrative contract,invalid standard is not unified,there are two main paths:one is the direct application of invalid unilateral administrative behavior standard,which is 'obvious' or 'serious'illegal administrative acts causes invalid result;another one is the standard for civil contract,mainly concentrated in the provisions of harming national interests and public interests or violate the mandatory regulations.The similarities and differences of two standards are the those of the contents of the "role obligation" of the subjectIn sociology theory,role obligation is to satisfy others expectations.The synthesis of all these expectations constitutes the social norm that the role should abide by in social relations.The expectation of the administrative contract by the society spotted to the administrative organs.There are three sources of expectation:the administrative counterpart,the public and the our country.When these three sources of expectation forms the social norms that the administrative organs shall abided,the degree of social public interest protection will limit the administrative organs to deny the relative interests damage,forming a relatively modest role is the social contract obligation;In civil contract,the expectation object to civil contract is the civil subject,sources of expectations for the two levels of internal and external.The character of the two kinds of expectations are different,one expectation is tolerant,the other is harsh.When forming social norms that should be observed by the civil subjects,society is more intolerable to individuals' interest in finding contracts outside,and a more strict role obligation is formed.Different roles obligation points to different social norm,which are applicable to the two standards of value and practice effect.Applying the standard of invalid unilateral administrative act is more conducive to the trial of cases.