Exploring The Judicial Review Standards Of Administrative Contracts

Recently,the administrative contract is a hot topic discussed in the field of administration law.The studies are developed around the basic theoretical issues of administrative contract but ignores the discussion about the supporting litigation system.However,there still is no positive response for a series of issues in theoretical field and practice field,such as how to review the administrative contract case,the strength,method and standard for reviewing the administrative contract.Compared with the standards of judicial review of the administrative act,the new Administrative Procedure Law is also concerned with the review standards of the administrative contract,but it is not explicit and specific.What the standards of the judicial review for administrative contract should be observed is still a puzzle in both theory and legal practice.On that account,this thesis plans to discuss the standards of judicial review of the administrative contract,deeply analyze the prerequisite problems,such as review object,review strength and review method by introducing the concept and basic theory of the judicial review standards of the administrative contract,thus deriving the scientific and rational expected state of the review standards.Then,it explains the existing the system framework of the judicial review standards of the administrative contract compared with the expected state of the review standards of the judicial review of the administrative contract and on the basis of learning from the domestic and foreign advanced practice experience so that it can benefit the legal system of administrative contract in China.This thesis is mainly divided into four parts,other than the introduction and conclusion:In the first part,starting from the definition and theoretical foundation,it analyzes the concept of the judicial review standards of the administrative contract at length and indicates that the judicial review standards of the administrative contract is based on three theoretical foundations:principle of separation of powers,administrative legalism and rights protection principles,which lays foundations for the discussion as follows.In the second part:based on the general theory of the prerequisite problems of the judicial review standards,it clarifies the review object,review strength and review method of the standards of judicial review of the administrative contract,thus deriving the expected state of the judicial review standard of the administrative contract.In the third part,it deeply analyzes the operation state of the judicial review standards of the administrative contract in China and indicates the shortages of the existing standard system by way of concluding the legislative intention and judicial attitude of the judicial review standards of the administrative contract.Besides,it also seeks for the source of the shortages of the existing standards.In the fourth part,it proposes the specific opinions specific to the shortages of the judicial review standard of the administrative contract compared with the expected state constructed in the second part and on the basis of learning from the beneficial experience of other countries.What’s more,it makes a logical interpretation and modification in the existing judicial review standard system of the administrative contract integrating the legal judgment standards,the contractual judgment standards and the reasonable judgment standards.