On Application of Law of Administrative Contract
Guo Hong-yang
Abstract
Guo Hong-yang
Abstract
As an administrative measure,administrative contract is a natural consequence from the expansion of the administrative power and the rise of the modern public administration.In terms of its character,administrative contract is both administrative and contractual,of both public law and private law,and both administrative and civil,while in terms of application of law,it is a mixed and selective use involving both substantive administrative law and procedural law,both civil substantive law and procedural law.To solve the problem of application of law of administrative contract,it is necessary to observe the general principles of administrative law,civil law and contract law,practice fully the substantive administrative law and procedural law,apply properly administrative procedural law and civil substantive law and procedural law.On the other hand,it is necessary to apply laws by analogy so as to resolve the cases of administrative contract fairly and rationally.
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As an administrative measure,administrative contract is a natural consequence from the expansion of the administrative power and the rise of the modern public administration.In terms of its character,administrative contract is both administrative and contractual,of both public law and private law,and both administrative and civil,while in terms of application of law,it is a mixed and selective use involving both substantive administrative law and procedural law,both civil substantive law and procedural law.To solve the problem of application of law of administrative contract,it is necessary to observe the general principles of administrative law,civil law and contract law,practice fully the substantive administrative law and procedural law,apply properly administrative procedural law and civil substantive law and procedural law.On the other hand,it is necessary to apply laws by analogy so as to resolve the cases of administrative contract fairly and rationally.
Key concepts: Administrative law, Public law, Law, Private law, Civil law (Civil law), Comparative law, Commercial law, Procedural law