On Administrative Privilege

The core issue of administrative contract theory is the privilege owned by administration party in administrative contract. On this issue, the academic circles haven't probed deeply enough. Starting from the concept, features and content of administrative contract, by two angles of public law and private law, the paper analyzes the benign interactive relationship between administrative contract and contract spirit, and also provides the assumption of administrative contract privilege system basing on reviewing distribution model of administrative contract privilege in western countries. The author deems that administrative nature of administrative contract and preference for public interest are the reasonable basis for appearance and existence of administrative contract privilege; in addition, necessary control to administrative contract privilege is the dual requirements to realize commonweal purpose of administrative contract and protect the legal private interest of the opposite party. In the background of weak research to relative theories and poor system-forming in addition to the existence of big amount of administrative contracts in practice, the restriction to administrative contract privilege must stand on the basis of establishing legal status of administrative contract and making the classification and content of administrative contract certain. At the same time, the content of administrative contract and its executing procedure must be normalized and the supervision as well as relief channels must be building up.