行政契约相对人权利救济机制

On the Legal Remedy for the Rights of Private Party in Administrative Contract

行政契约作为一种特殊的具体行政行为不同于民事契约。对行政契约的规制应采取特别的规则。首先要改革行政诉讼制度,扩大行政诉讼的受案范围,把行政契约完全纳入行政诉讼;其次可以借鉴民法的一般原理;还应赋予相对人以程序对抗权,这样才能达到救济行政相对人的目的。

Adminisrative contract that is a new type of administration with great power of life has been widely used in our country. However, there are no regulations in China＇ s law system. This directly restricts the application and development of administrative contract. Administrative contract is a special kind of concrete administrative behavior which is different from civil contract. In order to regulate administrative contract, we should enlarge the scope of administrative lawsuits, and bring the basic principle of civil law into adrninistrative contract,and give the private party the right of procedure countemine.