论我国行政合同的救济模式-宪法与行政法专业论文.docx

}IIilll }IIilll 1 II 1 1 1111 1 11 U11 1 111l Y1 82 1 07 1 构架起理论框架。第四部分分别从行政救济模式和司法救济模式提出具体如何完 善我国的行政救济制度。针对司法救济模式，本文从案件受理、起诉权与举证责 任、调解制度、判决方式四个方面提出完善建议。针对行政救济模式，本文分别 从行政复议、行政裁决、仲裁、协商四种方式出发提出完善建议。 关键词：行政合同，救济模式，模式构建 2 AB AB STRACT As a means of the new administration，administrative contracts play an important role in the administration of the government．The contract system started earlier and developed relatively perfect in western countries，and they established their own contract relief systems which are suitable to their national conditions．But the contract system in China developed relatively backward．We have not established perfect administration contract system．The construction of contract relief system is still imperfect．To a large extent，it hampered the development of China’S administrative contract system in theory and practice．Therefore， it is necessary to rebuild our current administrative contract relief system on the basis of learning the advanced experience from aboard．It also has an important theoretical and practical significance to the further development of china’S administrative contract system． This text is divided into four parts to carry out the research of administration contract system．It elaborates the basis of the contract．It introduced the rise of contract and the contract in the first part．It also revealed the nature of the contract as well as the contract and related legal concepts of civil contract，the relationship between the specific administrative acts．It laid theoretical foundation for the further elaboration of administration contract relief system． It introduced the present situation in china and the problems，then analyzed them and 3 learned learned the experience of western countries in the second part．It explained the contract relief system and made it dear．And it analyzed the specific form that arose the disputes from the third aspects．It rebuilt our contract relief system from administrative litiga