硕士论文-行政合同争议及救济机制研究.docVIP

Y； us^fiiia 华校代码：102^6 学 兮j 硕士学位论文 (专业学位） 行政合同争^^USJL济机制研免 院系（所法学院 , 业I 法摔硕士 姓 名： 指导教师I 白口湘 2006勒月11日 完成曰期： Abstract Wjth the development of democratic process of administration and the transition of administrative law from traditional to modem, great changes have taken placed in the administrative styles, one of which administrative contract is However, it also bnng so many administrative contract disputes which put forward new challenges to the traditional relief system How to solve all kinds of administrative disputes effectively is becoming an important topic in the realm of administrative law This dissertation is divided into four chapters Chapter One Definition and features of administrative contract Reviewing the history of the emergence and development of administrative contract in west countries and China, on the basis of a general study of relevant academic theories, this chapter gives the concept of administrative contract, which lays down the material foundation for the further analysis on the relief ways of administrative contract disputes, especially the litigate relief process Chapter Two Definition and features and patterns of adtnintstrative contract disputes On the foundation of Chapter One , this chapter puts forward the concept of administrative contract and describe the features of it This chapter also divides the disputes into different patterns which spring up in the process of establishment and tmplementation Chapter Three Relief system of administrative contract disputes This chapter divides the relief ways into two , non-litigate and litigate relief system based on the analysis of relief ways such as negotiatton and arbitration This chapter lays emphasis on the analysis of the administrative litigate relief system, pointing out the contradiction between the civil or traditional administrative lawsuit and administrative contract disputes Chapter Four Establishment of administrative contract litigate system in China This chapter puts forward