Research On Administrative Priority In Government Franchise Agreement

Government franchise agreement is an important administrative agreement.Behind it are often major public interest issues.The legal practice of various countries has given the administrative organ the administrative priority in the process of fulfilling the government franchise agreement.This kind of administrative priority refers to the state in order to implement the government franchise agreement to achieve the public interest and administrative objectives,through legislation to give the administrative organs in the private interests and the public interest in conflict,to ensure that the public interest first to achieve the right.The administrative priority system in our government franchise agreement is relatively new.Such conditions lead to various problems in the administrative priority of our government franchise agreement.First of all,China's legal provisions on it are not perfect,the legal form adopted is also relatively low level,such an important public power lack of legal basis is not desirable.Secondly,there are no corresponding limits on the exercise of this kind of administrative priority by our country to the administrative organs,and there are no specific provisions for the conditions for its exercise.Third,China's procedural control mechanism on this kind of administrative priority is not perfect,the administrative organs also have abuseof administrative priority,there is no supervision and management.In addition,China's dispute resolution mechanism on administrative priority in government franchise agreement is not perfect,which is not conducive to the protection of the legitimate rights and interests of the relative.Therefore,starting from the legal system model of administrative priority,this paper discusses the absolute public welfare model,the ordinary contract mode and the strict limiting mode,and refines and absorbs the practical significance of the establishment of administrative priority in our government franchise agreement.On this basis,this paper analyzes the limit of the exercise of administrative priority in the government franchise agreement,which should be limited by following the legality of power,safeguarding the public interest,safeguarding the interests of trust,realizing economic balance and fulfilling due process.After this paper,this paper analyzes and discusses the notice theory procedure,consultation hearing procedure and other procedures that the administrative subject should perform in the exercise of the administrative priority in the government franchise agreement,with a view to protecting the legitimate interests of the opposite person.Later,this paper introduces the single defects of the administrative priority dispute resolution mechanism in the current government franchise agreement,analyzes and perfects the diversified dispute resolution mechanism within administrative litigation and outside administrative litigation,discusses the distribution of the burden of proof in litigation.The application of the new judgment method and the application of the administrative review system and the mediation system.China is in the primary stage of socialism,reform and opening-up still need to be deepened,the construction and development of infrastructure and public utilities involved in the government franchise agreement is related to the national economy and people's livelihood,in which the administrative priority system can effectively guarantee the implementation of the government franchise agreement purpose signed in order to achieve the public interest.The author hopes that through the study of this paper,it can help the administrative organs to regulate the exercise of administrative priority in the government franchise agreement.