Study On The Executive Privileges In Franchise Agreement Of Public Utilities

With the beginning of research on the privatization of public administration, a series of problems about the franchise agreement of public utilities which came into view of the subject of administrative law have aroused great concern among our scholars. But the operation of the franchise agreement of public utilities is not so easy in practice. Numerous failing cases of franchise are still in evidence. So the government,franchisee and customer are involved in a long legal wrangle, facing to big losses that were caused by the executive privileges in franchise agreement of public utilities ultimately. Therefore this thesis specializes in the executive privileges in franchise agreement of public utilities by analyzing the preformatted texts,legal texts and real cases, summarizing the types of the executive privileges operated by administrative subject in the course of contract implementation. These executive privileges include the power of contract performance evaluation,the power of modifying and cancelling the contracts unilaterally and the power of temporary takeover. In order to protect the public interests and the legitimate rights of franchisee, it's necessary to limit the exercise of these privileges from three perspectives:entity,procedure and relief way.This thesis is composed of four parts. In the beginning part, the writer establishes the concept and legal characteristics of the executive privileges, whose existence is necessary in government contract performance. In The second part, the writer establishes three types of the executive privileges on basis of the preformatted texts of the franchise agreement of public utilities,the legislation of the franchise agreement and the real cases, and then analyzes the problems of these executive privileges in legislation and practice. The third part is a study of how to limit the abuse of these executive privileges. By means of legal control over these executive privileges, it can bring out the balance between the public interests and the legitimate rights of franchisee. The fourth part deals with the problems of relief system settling administrative contract disputes . Effective method is that the law offer two kinds of relief system: administrative lawsuit and relief out of judicature. Thus the franchise agreement disputes can be resolved well, and the legitimate rights of franchisee can be fully protected.