A Study On The System Of Administrative Supervision And Processing Of Contracts

The contract administrative supervision and processing system stipulated in Article 534 of the Civil Code,which is a unique legal system in my country.Specifically,it refers to the relevant administrative organs that enjoy the power of contract supervision and processing to supervise and deal with the behaviors that use contracts to harm the national and social public interests.Although the system was born in the period of government supervision over the market during the transition from the planned economy to the market economy,with the changes in the social and economic system,it also adapted to the changes of the times and the development of the economy,and played its due role.Our country’s Civil Code still has specific provisions in Article 534,which also shows that the system has continued value.In order to protect the national and social public interests from private contract acts,granting administrative organs a certain degree of intervention power,guaranteeing smooth operation of the market economy.The current system of administrative supervision and processing of contracts has problems such as unclear administrative subjects,extensive intervention time,excessive content scope,unreasonable punishment,and inability to determine the validity of contracts.In practice,the normative documents established in various places are chaotic,lack guiding significance,and are not practical and operable.Un der the economic background of market determinism,administrative organs should focus on the key points and check the key points in the supervision and processing of contracts,and work closely around contractual behaviors that endanger national interests and social public interests.It is necessary to abandon the long-standing idea of administrative organs enjoying extensive contract supervision left over f rom the era of planned economy,to make it clear that only administrative organs authorized by law can supervise and deal with contracts,and to focus on supervision and treatment after the conclusion of contracts or during the performance process,The sup ervision and processing of standard contracts should not be excessive.Contracts that endanger national and social public interests should be severely cracked down,while for other contracts,administrative agencies have no right to intervene.In addition,in order to maintain transaction security and maintain the consistency of supervision and processing,it is necessary to give the administrative agency the power to confirm the contract as invalid.