Administrative Privileges In Research

The privilege of the government contract is a new type of administrative power .It is a soft administrative power resulted from the process of administrative power acts on the civil contract. It breaks the traditional definition or administration power in administrative law; it is a weakened administrative power. The government contract privilege is the most important feature to differentiate administrative contract from civil contract, it guarantees the administrative organ occupy the leading position in the government contract and safeguard the safety at public interest represented by the administrative organs. Since it's a kind of administrative power, it has the natural invading character of the administrative power inevitably. To protect the legal benefit of the private party of the government contract, it is necessary to control the privilege of the government contract.There are 3 parts in this paper. In the introduction, The author firstly makes searching the key factor for controlling the government contract as starting point, by the investigation of the government act, concluded that power is the key factor for controlling the government act, then the author makes a conclusion that in order to control the government contract the most important is to control the privilege in the government contract. After that author pointed out the value of the existence of the privilege lies at two aspects: one is to guarantee the performance of the government contract and safeguard the safety at the public interest; the other is that the establishment at the privilege is to meet the requirement of the administration according to law. By doing this, the author points out this paper's value on theory and practice.In chapter 1, the basic theory at the government contract privilege was illustrated. There are 3 sections in this charter. Section 1, the concept and feature of the privilege of preferment contract the author firstly points out the 3 meanings of the privilege, then definite the concept of the privilege. The privilege of government control is a compulsory administrative power which is engaged by the government organ to urge the private partyto fulfill its duty and to realize the public benefit to the largest degree. This power is enjoyed by the government organ utility and superior to the private party. Then by the comparison between power and right, the author concluded that the privilege belongs the power's category. It's a kind of compulsory administrative power with the characters of execution, legality, superiority. Section 2, the content of the privilege in the government contract the regulation of the content of the privilege in the western countries was discussed. The author pointes out that when establishing the privilege of the government contract, we should take the following factors into consideration, i.e, the supremacy of the public interest, to protect the private party's legal interest, to embody the economic efficiency and needs of national condition. She author think in the legislation of government contract in future, the following types of power should be included: i) The decisive power of the target the government contracts; ii) The compulsory selective power to the private party;iii) The sanction power is the an performance or improper performance of the contract;iv) The power to change or rescind contract unilaterally; vi) The power to interpret the contract.Section 3, The legislative illustration of the privilege in the government contract. The author points out the 3 features of subject of power: tangibility, initiativeness and disintegration. According to disintegration, the power subject can be divided into ownership subject and enactive subject. The ownership subject is the owner of the power, the executive subject is the executor to the power, executive subject is the executor of power, and administrative power is a component part of cantonal power, its subject certainly can be divided according to this rule. In china, all powers belong to proper. People are th...