The Study Of Administrative Privilege In Administrative Contract

As a growing administrative method, administrative contract embodies the concept of modern administrative service and represents the development direction of modern administrative behavior. The basic problem of administrative contract is administrative privilege possessed only by administrative corpus, based on administrative power, benefited public rights. Based on administrative power, administrative privilege does not existed in administrative contract items. There are so many administrative privileges in administrative contract such as contract opting power, the other party opting power, directing and leading power, sancting power, alterating and reliefing power and explaining power etc..All powers need to be controlled, or they would be abused, and administrative privilege in administrative contract is need to be controlled too. There are two ways tocontrol administrative privilege in administrative contract by law------procedure-controland judicatory-control.Making use of proper procedure to control the abusing of administrative privilege is the core of the modern method of power-control. Therefore, setting up a series' proper procedures, including information-opening system, power-reviewing system, power-negotiating system, noting and cleaning reason system, hearing and stating system etc, to control the abusing of administrative privilege is necessary.Although procedure-control is the important method to control the administrative privilege, judicatory control over administrative privilege is a final guarantee. The judicial control over administrative privilege is a complete reviewing, including...