On Administrative Priorty And Its Control In Administrative Contract

The administrative contract is a new means of administrative management andadministrative activities of administrative subject in the contract performing official duties taken for realizing the goal of administration, is attracting more and more attention. Administrative contract and administrative body to take other administrative means andway ofactivity in comparison, it is more moderate and open, easy toaccept, with good practice. Administration excellent benefit right in administrative contract refers to the administrativemain body out of the need to safeguard the public interests, the law clearly definedcircumstances, in and the relative person on matters relating to the consultation can not reach agreement, but without the consent of the relative person, enjoy the contract right ofsupervision, alteration and termination of contract termination right, administrative sanction poweraccording to law. On the one hand, the administrative subject to exerciseadministrationexcellent benefit right is to protect the public interest andrealizing the goal of administration; on the other hand administration excellent benefit right is a kind of special administrativepower, if not for the effective supervision and control, is likely to violate the administrativerelative person’s legitimate rights and interests. Administrative subjects to exercise administration excellent benefit right, often in the name of"public interest" banner, disguised stress the administrative relative person and as a "bargaining chip", power rent-seeking, corruption. In practice, the judgment standard of "public interests" is the administrativesubject one side alone, plus our country to the "public interest" the concept is not clear andvague, making the administrative body is likely to abuse the administrative prior rights. Inview of this, this article from the introduction of the administrative contract in administrationexcellent benefit right concept, content, necessity, and General Administration excellentbenefit right and the difference analysis of administrative prior rights problems, then analyzedand compared with the status quo of China’s administrative prior rights theory priority systemin western countries administration, in view of the existing administration excellent benefitright problem, how to construct the administration excellent benefit right in administrativecontract control mode, and earnestly safeguard the legitimate rights and interests of the administrative relative person should not be infringed.The structure of this paper is divided into introduction, body and conclusion of threeparts. The introduction part mainly introduced the paper research theory and the practicalsignificance, the domestic and foreign research present situation, research methods andresearchapproach. The text is divided into three parts. First of all, introduced the administrative contract and the administrative contract administration excellent benefit rightconcept, administration excellent benefit right content, administration excellent benefit rightnecessity, and generaladministrative priority to benefit difference, and discusses theexistingadministration excellent benefit right problem. Secondly, comparative analysis andthe analysis of reference and inspiration to draw useful fromadministration excellent benefitright of our theory of France, Britain and other countries administration excellent benefit rightsystem. Finally, in view of the existing administrative priority to benefi the question putforward power control mode and suggestion of reasonable and feasible.The conclusion is the summary of this paper. Through the existingadministrationexcellent benefit right discusses administrative contract in question, in order to prevent theabuse of administrative priority to benefit of the administrative contract, find the balancebetween public power and private rights, to explore the administrative priority to benefitthepower control mode, achieve the control effect, the effective protection of the administrativerelative person’s legitimate rights and interests are not infringed by less and finally realize thevalue concept inherent dynamic balance of the administrative contract.