Administrative Privilege In Administrative Contract And Its Legal Regulation

Administrative contract is a new administrative management method produced with the continuous development of social economy and democratic nomocracy, which both has the "administration" and the "contract" dual properties. It is the product of private law immersing into public law. Unlike traditional administrative measures, its soft, open and other characteristics enhance communication between subject of administration and administrative counterpart, at the same time it brings the two sides to cooperate more closely. The effect is significant in administrative enforcement practice. However, the administrative contract acts as an administrative means to achieve administrative purposes and protect the public interests. At the time when the public interests require, it is necessary to endow the subject of administration certain “privilege”, which is superior to the administrative counterpart, namely administrative privilege. But it seems to place the two sides of the administrative contract on the unequal status, contrary to the "contract" property. How to understand the contradiction between the administrative privilege and the contract spirit in the administrative contract, and properly regulate the exercise of administrative privilege, become the key to make the administrative contract run well.This article starts with the origin and the understanding of the administrative contract, the concept of the administrative privilege. It is considered that the administrative privilege shall apply to the administrative contract, which the subject of administration and the administrative counterpart conclude for achieving administrative purposes. And try to analyze the contradiction between the administrative privilege and the contract spirit. Learn from other countries’ experience in the regulation of administrative privilege in administrative contract. Try to improve the regulation system of administrative privilege in administrative contract in our country from abandoning the traditional administrative concept, setting specific content, defining the boundaries of the exercise, standardizing exercising procedures and improving the remedy. Hope that through the research on the administrative privilege in administrative contract, while guarantee the public interests represented by the subject of administration, but also achieve the purposes to prevent the administrative counterpart’s legal rights and interests from the harm of the abuse of power. In the administrative contract, the public interests and private interests shall reach a balance state, and the administrative contract shall be operated well in the practice of administrative enforcement.