Administrative Main Priority Of The Administrative Contract

This article takes the relativity theory of the right and duty as the theory pivot, beginning with one of the administrative values ~ efficiency point, the adoption of civil law and common law on administrative contracts is the main administrative priority, priority is affected by the law strictly regulate such research, proved in the main administrative contract administration priority theoretical basis and practical demands. The main text can be divided into three parts:Ⅰ The elementary theory of the priority of the administrator party in administrative contractsThe priority of the administrator party is the right the administrator party needs enjoy performing contract oversight, sanctions right and so on without the consent of relative party, in the particular circumstances of the law, in consultation with the relative who can not reach agreement of the relative person to protect the public interest.Ⅱ Administrative priority standardsAdministrative priority standards of the administrator party maintain "two balances ", a balance between entities in the priority provisions of the maintenance of law and the principles and rules, the other balance between the right and duty of the administrator party and the relative party. First, the entity in the priority provisions, we must recognize the priority of the discretionary, not simply that discretionary will certainly pose a threat to the rule of law, a simple emphasis on the absolute rule of law, but a rational, realistic approach to the process of priority exercise discretionary for administration according to law and discretionary complementary, common priority of achieving results "individualization of justice" and the priority of the laws and regulations "substantive rationality." Secondly, the procedural requirements in priority, we have the need to respect and protect the procedural rights relative basis, to ensure...