Study On The Regulation Of Administrative Alteration Right Of Government Concession Agreement

In recent years,the government franchise agreements in our application is very extensive,but due to the relatively late start,in general,the theoretical circle in our country the government franchise agreements and the right of the administrative organ change study is less,the provisions of the legislation on the right to change is not perfect,the specific performance in substantive law regulations,insufficient system,lack of procedural norms and comprehensive relief system is imperfect in three aspects.In theory,the regulation on the power of change is relatively ignored while overprotecting the power of change of administrative organs,which leads to the non-standard exercise of the power of change by administrative subjects in practice,and the abuse of the power of change by administrative organs,and the compensation or compensation to administrative counterparts are too formalized.The judicial judgment of the right to change is not uniform.Therefore,in terms of entity specification,the content of the right to change should be improved and the connotation of public interest should be clarified.In terms of procedural provisions,we should improve the regulation of bidding procedures,franchise agreement signing procedures and the supervision,standardization and procedure in the process of government franchise agreement performance.In the relief system,the improvement of litigation relief and non-litigation relief is conducive to the better realization of the purpose of the government franchise agreement.This paper mainly discusses through the following parts:The first part is the introduction,which introduces the research background,research significance,research status at home and abroad and research methods.The government franchise agreement is widely used in practice.In order to better realize the needs of public services and public interests,the administrative authority is given the right to change.However,there are still many problems in the exercise of the right to change.Although a certain amount of research results have been obtained,the research on the right to change is still relatively simple.Therefore,this paper adopts case analysis,comparative study and other methods to study the deficiencies of the administrative right to change and find solutions to these deficiencies.The first chapter discusses the basic category of the right to change in the government franchise agreement,including the meaning,nature and characteristics of the government franchise agreement,as well as the meaning,existence basis and exercise conditions of the administrative right to change.Chapter two studies the problems existing in the practice of the right to change in the franchise agreement of the government.The main problems are the non-standard in the process of exercising the right to change and the inconsistent judgment of the right to change in the judicial system.Based on the second chapter,the third chapter makes a concrete analysis of the causes of the problems existing in the alteration right of government franchise agreement.It mainly includes the theory that the regulation of the right to change is ignored while the right to change is overprotected.In the legislation,the entity,theprocedure and the relief three aspects lack the perfect regulation.The last part of the content is the corresponding Suggestions on the right to change in the franchise agreement of the government,mainly from the three aspects of substantive norms,procedural norms and relief system to improve the right to change.