The Administrative Contract In The Prior Right In Administrative Legal System Research

This article couplet Europe v. Sanya Municipal Government cases introduction and analysis leads to the thinking and discourse Administrative Priority to Benefit the administrative contract. Full papers around the Administrative Contract Administrative Priority to Benefit start on the concept of executive privilege, Administrative Priority to Benefit Administrative Priority to Benefit the provisions of administrative contracts abroad, the existence of the Government Contract Administrative Priority to Benefit and problems, and try to explore a way to solve these problems.The first section describes the basic theory of the Administrative Priority to Benefit Administrative Priority to Benefit the concept of the necessity and legitimacy of the characteristics and content. The second part describes some foreign administrative law more mature countries of the provisions of the Administrative Priority to Benefit the administrative contract. The third section describes the problems and their causes of Administrative Contract Administrative Priority to Benefit Administrative Priority to Benefit the administrative contract in the legal system and the actual operational level problems and their causes. Part IV discusses the solution to a problem to solve the Administrative Contract Administrative Priority usufruct.Administrative contract is the product of merging of public and private law, and enhance the degree of democratization as a symbol. Administrative contract, the priority of the administrative body is the core issue of the administrative contract theory. Administrative Contract Administrative Priority to Benefit is still relatively weak. Administrative Privileges in the core system of the administrative contract, rightfully belongs to the administrative law issues. Modern administration, in order to overcome the parties to the contract, equality, consultation of limitations, to maintain the executive management of the nature of social and public affairs, in exceptional circumstances, when public interest was relatively square hinder administrative goals by impact, it is necessary to give the administrative body with limited, moderate contract privileges. Theoretically general contracting discretion, contract counterparties option, command and supervisory powers unilaterally change or cancel the contract rights, enforcement and sanctions the right and the contract right to interpret into the administrative contract the scope of the privilege. In China’ s legislation, the type and scope of the privilege has not been finalized, strong colors with the guidance and supervision of the right of the relevant legal provisions; as a unilateral change and termination of the contract the right to maintain the bottom line of the public interest has not been universally established change and the right to terminate the law there is no apparent "unilateral", more "followed" the civil provisions of the contract, emphasized that both sides equal enjoyment of change and the right to terminate the negotiated settlement; sanctions the right to enforce the right aspects unscientific, is not standardized. This article draw on the theory of academia through said Administrative Priority to Benefit systematic exposition of its own characteristics through the analysis of the administrative superior usufruct and the reality of some solution for the problem. More standardized in order to Administrative Contract Administrative Priority usufruct reasonably made to explore and try.