On Perfection of Administrative Contract Litigation System: A perspective of the Newly Revised Administrative Procedure Act

The newly revised Administrative Procedure Act explicitly bring administrative contracts into the scope of litigation. It is the first time to bring such contracts into the administrative litigation since Administrative Act was put into force 24 years ago. And it is the great progress in legislation. Before the present Administrative Procedure Act unified acceptance procedures of administrative contract cases, there had been three judicial modes in judicial practice which ignored the duality of administrative contracts: administrativeness and contract. At present, though the judicial procedures are no longer a question for administrative contract cases, the unilateral relief means of administrative subjects as the constant defendants, the allocation of defendants who bear the responsibility to provide proof, and the relatively single court decision and its content are not helpful to solve the disputes of administrative contracts. The duality of administrative contracts determines the specificity of relief means of administrative contracts. Firstly, the plaintiff qualification should be given to administrative subjects in the litigation of administrative contract. Secondly, according to the different claims, the examination of the administrative contracts can be divided into the legal and illegal ones, and on the basis of difference of examination, the proof-providing responsibility of plaintiff and defendant will be decided. Lastly, the court decision connotation can be enriched.