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Anonymous users2024-02-08The way in which an administrative contract is concluded is different from that of a civil contract, which is reflected in two aspects: first, the administrative organ has the status of a priority offer; The second is to give administrative organs the opportunity to choose their counterparts, all of which are aimed at selecting counterparts with the most ability to perform and ensuring that the administrative management objectives can be better realized. According to the provisions of the current laws and regulations, there are mainly the following ways to conclude administrative contracts in China:
1) Bidding refers to the expression of intent issued to the public by a party to the contract (known as the tenderer) through a certain way and the publication of certain standards and conditions. Tendering is the most common way to conclude administrative contracts. The Tendering and Bidding Law of the People's Republic of China stipulates that bidding must be carried out for the following construction projects in China, including the survey, design, construction, supervision of the project, and the procurement of important equipment and materials related to the construction of the project
1) Large-scale infrastructure, public utilities and other projects related to social public interests and public safety; (2) Projects invested in whole or in part with state-owned funds or financed by the state; (3) Projects that use loans and aid funds from international organizations or foreign countries. (2) Auction refers to the method of buying and selling a specific item or property right to the highest bidder by way of open bidding. In the course of the auction, the auctioneer may change the content of his offer at any time until the administrative organ concludes a contract with the bidder with the best conditions, and the auction is mainly applicable to the transfer of state-owned assets.
3) Direct consultation refers to the signing of a contract by an administrative organ directly with a specific citizen, legal person or other organization under specific circumstances. Direct negotiation is a common way to conclude civil contracts, but the use of this method in administrative contracts is subject to restrictions by laws and regulations. Applies only to:
research, trials and experimental contracts; Contracts in which tenders and invitations to tender have not yielded results; Contracts in case of emergency; Contracts that require confidentiality; Contracts that require the use of special know-how.
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Anonymous users2024-02-07Legal Analysis: The most important way to sign an administrative contract is through bidding.
Legal basis: "Administrative Licensing Law of the People's Republic of China" Article 53 Where administrative licensing is implemented for the matters listed in item 2 of Article 12 of this Law, the administrative organ shall make a decision through bidding, auction and other methods of fair competition. However, where laws and administrative regulations provide otherwise, follow those provisions.
The specific procedures for administrative organs to make administrative licensing decisions through bidding, auction, or other means shall be in accordance with the provisions of relevant laws and administrative regulations. After the administrative organ determines the winning bidder or buyer in accordance with the bidding and auction procedures, it shall make a decision to approve the administrative license and issue an administrative license to the winning bidder or buyer in accordance with the law. Where an administrative organ violates the provisions of this article by not using bidding or auctioning, or violates the bidding or auction procedures, harming the lawful rights and interests of the applicant, the applicant may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
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Anonymous users2024-02-06Hello, administrative organs should follow the following three principles in concluding administrative contracts: the principle of adapting to administrative needs, not exceeding administrative authority, and the content of the contract must be legal.
l. Adapt to administrative needs and meet administrative goals. The conclusion of an administrative contract should first meet and adapt to the needs of administrative management, and the objectives of the conclusion of an administrative contract should be consistent with the administrative objectives of the state; This is the primary objective principle of administrative contracts.
2. Do not exceed administrative authority. Since an administrative contract is a form of administrative activity, according to the principle of ultra vires invalidity in administrative law, each administrative subject can only conclude an administrative contract within its authority, otherwise it will become an invalid contract.
3. The content must be legal. Although an administrative contract does not necessarily have a clear legal basis, an administrative entity may not conclude an administrative contract with an administrative counterpart for matters expressly prohibited by the state.
In addition, due to the wide scope and great influence of administrative contracts, the principles of competition, efficiency and openness must be observed when concluding administrative contracts.
The methods of conclusion are: tendering, auction, invitation to bid, direct consultation.
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Anonymous users2024-02-05Invitation to bids, tenders, auctions, direct consultations.
The avenues for administrative remedies are:
2. Litigation remedies: Where the counterparty believes that a specific administrative act of an administrative organ infringes upon its legitimate rights and interests, and files a lawsuit with the people's court, the people's court shall clear the remedy for revoking the illegal act and ordering compensation for the damage caused. >>>More
It is mainly the courts that have the power to enforce; The public security organs, tax authorities and customs have a certain limit of enforcement power. There is also a certain right of enforcement, such as the public security organs and the local taxation department, the industrial and commercial department, the quality department, and the health department all enforce specific mandatory rights on behalf of the government.
The legality and reasonableness of specific administrative acts as provided for in the Administrative Reconsideration Law. >>>More
Hello, as long as it is not an arts, sports and medical college, almost all other colleges and universities have this administrative management major, depending on which college you want to apply for.
According to Article 6 of the Administrative Reconsideration Law, the circumstances under which a party may apply for reconsideration usually include: administrative penalties; administrative coercive measures; administrative licensing; Finding that an administrative organ has infringed upon its lawful operational autonomy; Where it is found that an administrative organ has illegally raised funds, apportioned expenses, or illegally demanded the performance of other obligations; Where it is found that other specific administrative acts of an administrative organ infringe upon their lawful rights and interests.