Research On The Administrative Prior Rights In The Administrative Contract

Administrative Contract, is suited with the transition of the functions of the government from the traditional "system" government to the modern welfare government, and is also the result of the transformation of the administrative concept from the imperative administration to the service administration. The administrative agreement is different from the general civil contract. Its particularity shows that the administrative main body, shares the identity of its original common power as one of the covenanters in the administrative contract, and consequently enjoys the prior rights that the other covenanters do not have—the administrative prior rights. In our country, the systematic theoretical research about administration prior right in the administrative contracts has just started, the application of administrative prior rights is very nonstandard in practice of the administrative contract.At present, in the academia in our country, there are many different opinions about whether the administrative main body should enjoy prior rights in the administrative contract or not, and how to define and standardize administration prior rights, etc. For my part, under the socialist market economy condition, it is very significant to fulfill the government's function through the way of the administrative contract. In order to make the administrative means — the administrative contract —run effectively, the value of the administrative prior rights should be fully affirmed, and should be efficiently normalized and controlled by the means of discussing in theory and groping in practice. While the targets of the administration have been smoothly reached, the benefits of the relative body should be given consideration to, as to make the "two-win " and multilateral positive effect come true.In this thesis, the administrative prior rights have been systematically analyzed and studied with the method of conceptual and empirical analysis, and comparative analysis. This thesis has been divided into three parts, apart from introduction. The...