Regulation And Controlling Of Administrative Special Rights In Administrative Contract

With the development of market economy, the methods of government administration have been complicated increasingly. Governments are seeking better administrative ways to build the service-oriented government. The soft and flexible administrative contract as a new administration has been incubated. In practice, the administrative contract has been widely used; In theory, scholars have been discussed and studied the administrative contract. The essential distinction between civil contract and administrative contract is the administrative special rights. In our country, the theory of administrative special rights is immature, and there are many imperfections. In practice, there are many problems of exercising administrative special rights.The administrative special rights are the core issue of administrative contract system. But we are lack of the current research,the research of the existence and content of administrative special rights, and how to regulate and control administrative special rights is not deep enough. So there are a series of questions in administrative practice. The content of the administrative special rights is different in all countries. We provide the specific content of the administrative special rights basing on their legal standards. With the extensive use of administrative contracts, the research of administrative special rights has become particularly important, especially the regulation and control of the administrative special rights. Seeking the ways to regulate and control administrative special rights. Through legal, reasonable, contract of exercising administrative special rights and give full play to the mobility and flexibility of administrative contracts. Meanwhile, the research of administrative special rights is helpful of the perfection of administrative contract system.For these reasons, the administrative special rights has been systematically analyzed and studied with the method of comparative analysis , comprehensive analysis and value analysis in this thesis. Especially on how to regulate and control the administrative special rights. The thesis has four parts except the introduction. The first part analyses the basic theory of administrative contract and administrative special rights. The second part analyses the scope of the administrative special rights in the foreign typical countries and the enlightenment to our country. The third part analyses the specific content and major problems of administrative special rights. The fourth part, from six aspects, analyses the basic ways to regulate and control administrative special rights.