The Pre-contractual Obligations Of The Administrative Subject In The Administrative Agreement

The administrative agreement is both agreement and administrative in nature,and its use in social governance can achieve better social governance results with lower governance costs.At present,China’s administrative substantive and procedural legal codes are not sound,and the theory of administrative agreement as a new administrative management tool and public service mode is in a difficult situation.Due to the lack of a unified administrative code in China,the substantive and procedural issues related to administrative agreements are ambiguous,the provisions on the prior contractual obligations of administrative subjects are scattered in the norms of various specific administrative acts,and the content of the obligations is not specific,the liability of administrative subjects for breach of obligations is unclear,and the dispute resolution mechanism is not diversified enough.In the context of promoting the transformation of government functions,the administrative agreement,as a "civil and administrative" management method to save the cost of law enforcement,will make a great difference,and it is necessary to build a systematic theory of obligation-liability-dispute settlement mechanism around the first contractual obligations of administrative subjects.-It is necessary to build a systematic theory of dispute resolution mechanism around the first contractual obligations of administrative subjects,and to form an effective mechanism for the protection of the reliance interests of administrative counterparts and potential contracting parties,so as to promote the development of the administrative legal system.By adopting the methods of normative analysis,case study and comparative study,comparing domestic and foreign administrative legal norms and China’s administrative trial practice,analyzing the pre-contractual obligations of administrative subjects,combining the relevant provisions of the Administrative Procedure Law,the Civil Code,administrative normative documents and judicial interpretations,the legal nature and content of the pre-contractual obligations of administrative subjects,the liability of administrative subjects for contractual negligence and the dispute resolution mechanism of administrative agreements The legal nature and content of the prior contractual obligations of administrative subjects,the liability of administrative subjects for contractual negligence and the inadequacy of the dispute settlement mechanism of administrative agreements are discussed in detail.Firstly,the feasibility and necessity of the theory of pre-contractual obligations of administrative subjects is demonstrated by discussing the viability and value of pre-contractual obligations of administrative subjects in administrative law,and then the nature and connotation of pre-contractual obligations of administrative subjects is summarised by comparing it with pre-contractual obligations in private law;secondly,the content of pre-contractual obligations of administrative subjects is elaborated by taking the administrative nature and agreement nature of administrative agreements as the starting point respectively;secondly,the practice of administrative judicial trials is combined with the Finally,comparing the legislative experience of foreign countries,the Macao Special Administrative Region and Chinese Taiwan,we propose a concept of alternative dispute resolution mechanism for administrative agreements,including the introduction of arbitration system and expert mediation system for administrative organs,the expansion of the scope of reconsideration and the empowerment of petition organs to supervise administrative disputes.Finally,we propose a more complete extra-judicial remedy model by introducing an arbitration system and an expert mediation system for administrative organs,expanding the scope of cases for reconsideration and empowering the petition authority to supervise administrative functions.