The Regulations To Administrative Privileges On Administrative Contract

The administrative contract, a kind of administrative action with low power, is more adapt the requirement of the market economy system, therefore, be extensive used in the practice. The core issue of administrative contract theory is the privilege owned by administration party in administrative contracts. All powers need to be controlled, or they would be abused, and administrative privileges in administrative contract are needed to be controlled too. In our country, the systematic theoretical research about administrative privilege in the administrative contracts has just started, the application of administrative privilege is very nonstandard in practice of administrative contract. In the theoretical circles, there are many different opinions about how to define and standardize administration privilege, and so on.Based on this, I tried to put forward my own privileges of administrative law of contracts proposed regulation.This article analyzes the administrative contract privilege by the standard analysis and the comparative analysis thoroughly and systematically.This article, besides the introduction and the conclusion, mainly is divided to four parts.Chapterâ… , Explaining the basic theory of the administrative contract privileges. The administrative contract's concepts and characteristics are represented through the definition of it. Comparing it with the concept of the similar analysis, then we can finally deepen the understanding of executive privilege contract. At last, the reasonable of Administrative contract privileges'existence is discussed, what's more, the regulation of it is indispensable.Chapterâ…¡, From the legislative and theoretical I analysis the reality of the situation of administrative contracts privileges in China. Focusing on three aspects of the problems of our administrative contract privileges.Chapterâ…¢, By searching the major countries'theory of administrative contract, summed up the good experience for our country.Chapterâ…£, Proposed the recommendations for china's legal regulation of administrative contract privileges. All in all:Formulate a unified administrative contract target; Clear criteria for judging the public interest; Regulate the Administrative privileges on the main contract; Standardize the procedures system; Improve the right of relative party; Strengthen the supervision of the exercise program of administrative contracts privileges.