Systematic Reconstruction of Concept of Government Contract
The existing government contract management norms have defined the connotation and extension of government contracts,but the construction of the theoretical concept has not yet been completed.The conclusion that"government contracts equals administrative agreements plus civil contracts concluded by one party as an administrative organ"is flawed.By reducing the contract to a neutral tool common to all sectoral laws,and shifting the research perspective of government contract from relief to the administrative process,the identification standard of government contract is adjusted to"the contract concluded between the administrative organ and any subject is a government contract".Taking administrative tasks as the starting point,government contracts can be divided into official government contracts and management government contracts.Official government contracts can be further divided into internal official government contracts and external official government contracts.Taking the way of relief as the landing point,government contracts can be divided into administrative protocols and non-administrative protocols.Non-administrative protocols can be further divided into administrative agreements,civil contracts,consultative documents,and labor-management agreements,of which civil contracts and administrative agreements belong to government contracts in the narrow sense.Matching and integrating the two systematization paths based on different scenarios helps to form a relatively three-dimensional perception of the concept of government contracts and dynamically restore the full picture of the concept of government contracts.
government contractadministrative agreementcontractadministrative protocolofficial government contractmanagement government contract
万方数据
维普
