Administrative Privileges In Research

The administrative body having the privilege is the substantive character of administrative contract in the administrative contract, which is the difference administrative contract from the civil contract. The administrative contract privilege plays the vital role in realizing the administration goal and maintaining the public interest. The administration and the idea of public interests superior of administrative contract is a foundation, which the administrative contract privilege produces. Many countries all have affirmative stipulation to the administrative contract privilege, but there are existing difference regarding to the privilege concrete disposition. We can give us some beneficial models and the enlightenment through the comparison. Because our country lacks of the administrative contract law, the present situation of administrative contract privilege domain is unoptimistic, existing many problems, such as abusing the administrative contract privilege, insufficient exercise of administrative contract privilege and insufficient of relief system, which seriously affected the administrative contract's function to display, so much as destroy the public interests. These reasons are following: the blur definition of scope, the difference of producing and exerting and existing, the mistakes to public interests and personal interests and lacking of criterion to definite public interests. Therefore, in view of existence question, it is necessary to carry on the institutional construction to our country administration contract privilege so as to benefit the administrative contract legislation.This article analyzes thoroughly and systematically the administrative contract privilege by the standard analysis and the comparative analysis. This article, besides the introduction, mainly is divided four parts. In the first part, the author theoretically analysis the administrative contract privileges from the legal base and definite the administrative contract privilege to be a power that administrative body cannot give up. In the second part, the author compares the overseas administrative contract privilege system, focusing on England, American, France and German. In the third part, the author has analyzed realistic condition of Chinese administration contract privilege, emphatically to the existing questions and the reasons of Chinese administration contract privilege system. In the fourth part, the author has discussed the necessaries and the essential way of slandering and controlling administration contract privilege. According to the administration and contract, the author suggests constructing the relief model: administrative litigation and administrative appeal, which is helpful to Chinese administration contract privilege system.This article innovates to summary in academic circles research present situation, firstly proposing the difference between the administrative contract privilege and the civil contract, emphatically to designing the relief system of administrative contract privilege.