The Research On Content Of The Administration Excellent Benefit Right In The Administrative Agreement

The administrative procedure law of the People’s Republic of China was revised in 2014,in May 1, 2015 the newly revised "administrative litigation law" formally promulgated and implemented, to explicitly incorporate the administrative agreement into the scope of accepting cases. In May 1, 2015 the Supreme People’s Court issued the "interpretation of the Supreme People’s Court on Several Issues concerning the implementation of the People’s Republic of China Administrative Procedure Law", further explain the concept of administrative agreement. Into a field, which makes the administrative agreement become a very valuable research field, in particular, the relevant research on the content of the administrative body in the administrative agreement. There are many kinds of administrative agreements in practice, administrative subject in different administrative agreements will be more or less applied to the administration excellent benefit right to protect the public interest. But because of the theoretical circles, the research on the content of the administration excellent benefit right is not deep enough, and the legislation of our country has not made clear the contents of the administration excellent benefit right in the administrative agreement, which leads to many problems can not be solved. Therefore, we need to clarify the content of the administration excellent benefit right in the administrative agreement. It is clear that the content of the administration excellent benefit right in the administrative agreement will contribute to the improvement of the administrative agreement system, and also can solve the problems in the practice.This article is divided into five chapters, in the administrative agreement, the specific content of legal administration excellent benefit right should be set as the focus of the study. The first chapter mainly introduces the significance of the topic, literature review, etc. The second part mainly introduces the general theory of t the administration excellent benefit right in the administrative agreement, such as administrative agreement, the concept of administration excellent benefit right, the characteristics of administration excellent benefit right, as well as the existence of the need for such. The third chapter focuses on the analysis of status quo of the administration excellent benefit right in the legislation and practice, through the combing of the different ranks of the law, and the analysis to the different of the text of the contract in practice, summed up the different types of the administrative agreement in the presence of administration excellent benefit right, and draw the problem of administration excellent benefit right.. The fourth chapter analyzes the two legal systems on behalf of the national administrative excellent benefit right system, in order to find the experience which can be used for reference in our country. The fifth chapter, on the basis of the analysis of the status quo and administrative agreement maintain the value orientation of public interest, clearly put forward the content of legal administration excellent benefit right.