The Study On Privilege In Administrative Contract

With the continuous development of management methods, as the implementationmeans of administrative policy and social management ideal.，the administrativecontract has been widely accepted. Because of the nature of contract and the nature ofadministration that the administrative contract has got, the administration and theadministrative relative has both the management and the management of therelationship, and the relationship of consultation and cooperation.Therefore, in order toplay a better role of administrative contract in administration management, there shouldbe a better way to deal with “how to equally treat the inequality of people”,which leadsto this article’s research-----The Study on Privilege in Administrative Contract.TheStudy on Privilege in Administrative Contract leads to a better using of this kind offlexible management mode, and achieve the purpose of administrative management.Especially the demarcation the border of the privilege, improvement of the exerciseprogram, and improvement of the judicial remedy can prevent the abuse ofadministrative power, maintain the legal rights of the people and make a balancebetween the public interests and private interests. This paper mainly used literatureresearch method, empirical analysis method to analyze and Research on theadministrative prior rights system of historical research method, comparative researchmethod, comparative method, the literature studying method, and the empirical analysismethod to study the subject.The Privilege in administrative contract is,taking into account the protection ofpublic interests and administrative requirements, that the administrative organs havesome special powers during the conclusion, performance, changing or terminating thecontract.This kind of power don’t need to make prior agreement in the contract,whichis a kind of statutory authority without restrictions of the contract. It is exercised by theadministration organs only. This kind of administrative prior rights exist is decided bythe dual nature of the administrative contract, and its purpose is to protect the publicinterests and to realize the goal of administrative management. For the betterunderstanding of the rationality of the administrative contract priority, this article gotthe Innovation to analysis the boundary of exercising the priority. The boundaryincludes four aspects: the public interest, the situation changes, the administrative relative person of reliance interest protection and the principle of freedom and equality,which Provides a new perspective and ideas for the research of the system. This papermake a comprehensive research and summary on administrative contract priority systemin foreign country and Taiwan region,, and make a conclusion that China is not suitablefor copying neither French nor Germany. Instead, we should, considering the currentsituation of the development of China, make our own administrative contract prioritysystem. After a large number of laws and regulations and case collection, for betterresearch on the subject, the writer make a summary and analysis on the currentlegislative and judicial thing, and realize that the system is not only lacking in content,but also in the prescribed procedures and judicial relief. Therefore, in order to improveour administrative contract priority system, there got four parts to improve the systemfor future reference. First is to improve the content of the administrative contractpriority. It is important to make a specific standard of the unilateral rescission right andthe compulsory execution right, and it is essential to make specific provisions on themain body of the exercise of power and the boundary of the exercising the right. Secondis perfecting the rules of procedure. For example, the hearing procedure, Informed inadvance, avoiding procedure and the Informing reasons procedure. Third is to Improvethe non litigation relief system, i.e. the administrative reconsideration, the negotiationand the arbitration. Last is to Improve the system of judicial review, Combined with theanalysis of the administrative contract priority’s boundary, the writer proposes toestablish the double Judicial review system----both reviewing the Legitimacy and therationality, especially the rationality reviewing.