Abstract:
The new Administrative Procedure Law of the People's Republic of China was passed on November 1, 2014, and it explicitly put the administrative contract into the scope of accepting cases, which filled the gap in the legislation of the administrative contract. However, the identification standard of administrative contract has not been unified, so in the judicial practice, it is still difficult to decide whether it is an administrative case or a civil case. Even if some cases enter into the administrative proceedings, due to the differences of local courts in review mode and burden of proof, it always leads to different verdicts. To solve the above problems, this paper puts forward the following countermeasures: first, unifying the identification standard of administrative contract and making a list of case scope; second, changing the traditional judicial review standard and the burden of proof should be reasonably allocated; third, making a clear definition of the applicable scope of the mediation principle. These three aspects of construction are supposed to further improve the current judicial relief system of administrative contract in China.