On Privileges Of Administrative Subject In The Administrative Contract

Abstract:With the development of the concept of administrative services, administrative contract has gradually become an important way of government administration. Base on the public interests, administrative subject enjoy special priority in the administrative contract.Compared with the traditional administrative priority, the administrative priority in administrative contract can be called weakening administrative priority.The effect of the administrative priority in administrative contract exercised is not only related to the realization of public interests, but also the people’s legitimate rights and interests. So administrative subject did not exercised the priority by himself, we must have certain standards. Generally speaking, to public interest and avoid the public interests suffered significant losses. Administrative subject can exercise the administrative priority.As the union of power consciousness and the spirit of contract, administrative contract has the administrative aspects, must be subject to the basic principles and basic theory of administrative law in the administrative field. Administrative priority in administrative contract is no exception, should abide by the basic principles of administrative law requirements, especially the due process principle, open principle, proportion principle. Due process principles require administrative subject exercising administrative priority programs must meet the minimum requirements of procedural justice. The principle of openness makes it possible to participate in the administrative priority throughout the process. That is significance for the protection of people’s legitimate rights and interests. The principle of proportionality can limit the abuse of administrative priority.Principles and theories to practice with the guidance of fuzziness, must want to establish a series of concrete system could be operated, build the administrative contract in the administrative priority to exercise the concrete system of priority for the exercise of administrative right is of great significance. Establishment of administrative contracts exercised administrative hearing system priority, meaning that the maximum relative who makes the decision to participate in the exercise of administrative priority programs in the past. Establishment of administrative contracts and administrative priority to exercise informed consultation system, is to implement the inevitable administrative contract contractual requirements, reflecting the administrative body of people with relatively desirable. Establishment of administrative contracts and administrative priority to exercise informed consultation system, is to implement the inevitable administrative contract contractual requirements, reflecting the administrative body of people with relatively desirable. Contract to build a third-party evaluation system administration priority administrative exercise, the greatest degree of assurance assessment objective, factual, thereby inhibiting the administrative body exercising administrative priority in the administrative contract arbitrary.