Reflection and Improvement of Litigation Relief in China's Administrative Contract Dispute Resolution

Qian LONG

Abstract


The clauses related to the administrative contracts in the new Administrative Litigation Law and the judicial interpretation about the administrative contracts in Interpretation of Applicability together constitute the normative basis of the current case hearing of the administrative contracts. However, in the current practice of judicial trials of administrative contracts, the intrinsic defects of the normative basis are gradually becoming more apparent. These defects specifically include the vagueness of the scope of case accepting, the unclarity of the normative application rules, and low operability etc. This article intends to reflect on the above defects. The author argues that it is necessary to define the scope of case accepting of administrative contracts based on positive and negative criteria. Within the subset of administrative litigation - the administrative contracts, discriminating the characteristics of differences disputes and making the disputes applicable to different normative application rules.


Keywords


Administrative contract; Scope of case accepting; Normative application; Nature of the dispute

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References


Administrative Law Office of the Legal Affairs Working Committee of the Standing Committee of the National People’s Congress.(2018).The complete collection on the legislative background and viewpoints of the administrative litigation law (p.5). Law Press.

Jiang, B. X., & Liang, F. Y. (2016). Theory and practice of administrative litigation law (p.212) (3rd ed. Part. 1). Law Press.

Jiang, B. X., & Liang, F. Y. (2016). Theory and practice of administrative litigation law (pp.337-343) (3rd ed. Part. 1). Law Press.

Jiang, P. (Ed.). (2007). Civil Law (p.665). China University of Political Science and Law Press.

Liang, F. Y. (2017). Problems in the application of contract law in administrative agreement cases. China Law Review, (01).

Liu, F. (2018). Dispute resolution mechanism based on PPP agreement. International Symposium on Dispute Resolution between Government and Social Capital Cooperation Agreement. Guanghua Law School of Zhejiang University, http://www.ghls.zju.edu.cn/chinese/Redir.php?catalog_id=68&object_id=369001, accessed August 31, 2018.




DOI: http://dx.doi.org/10.3968/10687

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