论文部分内容阅读
制定合同行政监管规范,应当区分行政主体管理合同行为的性质,确定其不同的立法原则。行政主体管理合同的行为可以分为合同行政干预、合同行政监督和合同行政倡导。合同行政干预害及合同自由,必须有法律、法规的授权;合同行政监督不干预合同自由,是对合同行为遵循相关法律、法规的情况依法进行监察、督促,对合同违法依法进行处理,其核心是监督的对象、范围和方式等的合法性;合同行政倡导以必要性和正当性为前提,以不违反法律禁止为限,以市场/合同主体自愿为基础。基于此,我们才能够恰当地检讨、规范合同行政监督的范围、手段和方式。
The formulation of contract supervision and management norms should be distinguished from the nature of the administrative contract management behavior, to determine its different legislative principles. The main body of the contract management behavior can be divided into contract administrative intervention, contractual administrative supervision and contract administrative advocacy. Contract administrative interference and contractual freedom must be authorized by laws and regulations. The contractual administrative supervision does not interfere with the freedom of contract, which is to supervise and supervise contract behavior according to laws and regulations in compliance with relevant laws and regulations, Is the legitimacy of the object, scope and mode of supervision. The contract administrative advocacy is based on the necessity and legitimacy without violating the prohibition of law and on the voluntary basis of the market / contract. Based on this, we can properly review and regulate the scope, means and methods of contract administrative oversight.