Research On The Privilege Of Administration In The Administrative Contract

Administrative body in administrative contract right to benefits is an importantfeature of administrative contract and marks of distinction from the other general contractof administrative contract. In the realization of the right to benefits of administrativecontract administration purposes, maintenance of public interest has played a huge role.Administrative contract benefit right system in Western countries has better provisions,by comparison, will give us some lessons and inspirations from. Because there is nospecific uniform administrative contract legislation in our country, so also lack the rightto benefits of administrative contract, there exist many problems in practice, such asadministrative abuse of administrative powers, administrative omission and relief notperfection nor the mechanism of realization of rights to benefits of administrativecontract disputes of good relief, which seriously damage the exertion of administrativecontract. Therefore, in response to these problems, it is necessary to perfect the system ofadministrative contract benefit right.This article from the start with an overview of the administrative contract, then onadministrative contract excellent right for has defines and analysis its exists ofnecessity, analysis of administrative contract excellent right of connotation, and features,and nature and content, and on administrative contract excellent tight exists of necessityfor analysis,certainly administrative contract excellent right in china administrativecontract system in the of important status, came administrative contract system ofdevelopment and plated role and public interests implementation and maintenance cannotbe separated from the administrative contract excellent right correctly exercise. Thisarticle also examines the four Western countries-France, Germany and Britain and theUnited States about administrative subject in administrative contract benefit right systemrequirements, including priority provisions supplementing the content of the right, anoverview of the characteristics of and supplementing the administrative subject right theywere, to the establishment and perfection of administrative contract benefit right systembrings enlightenment, providing reference, Administrative subject in China must learnfrom foreign administrative contract under the precondition of the tight to benefit, combined with China’s actual situation, further improve completely meet theadministration of our country’s administrative body superior benefits of administrativecontract in the administrative main excellent right status and the exists of problem,although in China in part legislative and practice in the administrative contract in theadministrative main excellent tight has must of reflected, but also exists administrativecontract excellent right lack specifically system of legislative provides anyadministrative main in practice in the exercise excellent right lack program, led usingimproper and in China on administrative contract in the administrative main excellentright relief system does not complete three aspects of problem. In response to theseproblems, the paper presents perfecting the system of administrative contract benefit tightconsiderations, in the area of legislation, development of specialized uniformadministrative contract benefit right system of laws and regulations, in the course ofexercising, should strengthen the procedural control of the administrative subjectexercise of the right to benefit, In terms of relief system, China should give full play tothe role of the various remedies, includes negotiation, arbitration, and other non-lawsuitrelief of administrative contract disputes that occur the greatest relief.