On December 21st, 2016, Professor Yu Lishen from the Law School in Jilin Universitymade a speech entitled judicial judgments of the core criteria in administrative contracts: the role of public power in our school. Associate Professor Gu Dasong served as a host. Associate Professor Xiong Zhang Lin, teacher Yang Jie, teacher Liu Qichuan and constitutional and administrative law professional doctoral students and master students listened to the lecture.
Professor Yu pointed out that equality is not the core issue of administrative contract. The consensual is the greatest common agreement of administrative contract and civil contract recognition, and public power is the least common denominator of administrative contract and civil contract interpretation. In order to distinguish the administrative contract and the civil contract, the professor advocates that the standard should be discarded, and the standard of public authority should be replaced by a single public power. The equality or the right of benefit is not the core of the administrative contract. Finally, in the field of academia and practice for the long-term tangled reality between civil contracts and administrative contracts, professor Yu advocated the government contract instead of administrative contract, thereby eliminating the distinction between civil contracts and administrative contracts.
In the course of comments, professor Gu Dasong indicated that he was highly agree with the professor's administrative contract interpretation, and pointed out that in many of the current administrative contract issues, the factor of public power is very complex. Professor Yu can simplify the abstract and conclude the key issues which is indeed thought-provoking.