As our national administrative contracts is the derivative of Germany administrative contracts, and consults the legal principal of French “ Mother of Administrative Contracts”administrative contracts. The study analyze the theories and operations of French and Germany administrative contracts, then discuss the definition of BOT investment contracts. After understanding the development situation of administrative contract the following question is how we can tell the administrative contract from civic contract, for the answer, we should know the standards which help us understand what the administrative contract is. The article thinks all of those standards which scholars build are all characters of it. These standards are made from administrative contracts’peculiarities. So we can say every standard is equal to the definition of administrative contract, but one thing we admitted is it is impossible to give administrative contract a perfect definition. So we can not give up use the standards to definite administrative contract and accept all the context of all the standards at the same time.When a government set a contract with citizens, the contracts almost are public, we could call them administrative contract all the time, but there are still some special exceptions, for example, a government set a trade contract for the government’s own good to support the administrative process, the article thinks the kind of contract is not for public goods for people. We just call it private contract.
Administrative Contracts Legal System is one of the methods that the government deals with administrative and the duty of welfare nation, for the purpose of public interest. As BOT investment contacts as the method of promoting Public Construction, when the government makes a contact with the private sector, the private sector supply public service through contructing and operating public construction, which promoting social economic development and community of welfare, belonging to the administrative contracts.
In recent years, it has been increasingly become a global trend that public construction projects are carried out through private sector investment, and business management concepts are introduced for the improvement of public service quality.Due to various factors such as quality and revenue, private sectors increasingly play an active and important role in various phases of major public construction works, from building to operation, and government has the need to incorporate the strength of private sectors to facilitate and promote the construction of major national infrastructures. Among various models of private sectors’ participation in public constructions, build-operate-transfer (BOT) is the most commonly adopted business model. However, in the process of promoting major BOT cases, the government had suffers some drawbacks of abuses of power and privilege, and thereby receiving much criticism from general public, and it also has serious negative impact on the integrity of the government. The case of abuses in the government that drew the most criticisms and raised controversies was the Electronic Toll Collection (ETC) case, where as it transpired had repeatedly drawn much attention from the media and the society at large. Therefore, the ETC case is chosen as the subject of the current study.
The ETC case is one of study cases, discussing the administrative contracts that the delegation of Public Power. The Administrative Litigation of Controversy claim the court to revoke the discision of selection , analyze the law relations of the Law for promotion of private participation in infrastructure projects, the definition of the ETC investment contract, the judgment of The Supreme Administrative Court, whether the decision of selection committee violates principal of equal, principal of public interest and the effect of stop executing. Through discussing cases like Channel Tunnel（英法海底隧道）、Bangkok Mass Transit System （泰國曼谷SKYTRAIN大眾捷運計畫）及Taiwan High Speed Railway（台灣高速鐵路）etc., understanding the experience and advantages and disadvantages of private participation in infrastructure projects as Consultation. Discussing The Trusted Manegement of Tainan Municapal Hospital（台南市立醫院委託經營管理案）as the benefits administration that is the delegation of Public Power, belonging to the administrative contracts.