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Research On The Privilege Of Administration In The Administrative Contract

Posted on:2015-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:L W GuoFull Text:PDF
GTID:2296330431485782Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative contract exists with the general civil contracts are largedifferences, mainly because the administrative contract administrative body hascertain privileges, administrative contract administrative body in order to achieve acertain privileged administrative purposes, to safeguard the public interestrequirement. Administrative contract is key to the effective realization of the mainprivileges of administrative contracts, contract administration administrative body isthe prerogative of the executive to implement specific management objectives, as theadministrative body of administrative contracts enjoyed by one of the parties hascertain mandatory and take precedence over contract relative powers, also called theChief administrative Contract Privilege excellent usufruct contract, contractadministration priority. Ours is a very complex national administrative relations, notonly set the level of administrative complexity, but also more complex managementprocedures, administrative contract administration for the achievement of the goal ofthe main social affairs plays an important role, and therefore the existence ofprivileged administrative contract inevitability.So far the main prerogative of the administrative contract was not created for theadministration to regulate contract law, a contract for the management ofadministrative deficiencies, resulting in administrative body administrative privilegesthere are many problems in the contract, has a natural expansion of the privilege, ifnot legal or other supervisory power to restrict the privileges of the administrativebody, will produce abuse of privileges or administrative body exercising theprivileges of negative phenomenon, these phenomena play a largely administrativecontract damage effects.In order to better regulate administrative behavior contract privilegedadministrative body, in this study, the administrative body privileged administrativecontract as the research object, the administrative body of the contract by themeaning of the privilege, features, define the nature and content of the analyzedsubject privilege exists administrative contract reasonable, interpretation of theexecutive body of the contract an important role in maintaining the privileges of public interest. This study developed by comparing the foreign administrative contractprivileged configuration mode, their generalization on the basis of summarizing thecorresponding draw inspiration for the configuration of administrative privilegescontract to provide reference perfect. On the basis of the theory and draw on theexperience of other countries, this study was to analyze the reality of the plight of theadministrative body of the executive privilege exists contract, the contract for theadministrative body of the executive privilege control problems in three areas oflegislation, procedures, judicial relief specific analysis, puts forward measures toimprove from the legislative, judicial procedures and remedies, such as through thedevelopment of the system in the legislative prerogative of the administrative contractlaws and regulations, so that the exercise of executive privilege laws to strengthencontrol procedures to prevent privilege abuse, the establishment of a variety of reliefchannels negotiation, arbitration and judicial remedies and other administrativereconsideration, administrative contract disputes resolved in favor.
Keywords/Search Tags:Administrative contract, Administrative body privilege, Public interest
PDF Full Text Request
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