Priority Theory Of Administrative Body In Administrative Contract

As we all know,the world is moving towards multipolarization.Whatever different countries may differ on national institutions, the vast majority of countries rely on the government to carry out the management. In recent years, with well-diversified means of government management, administrative contract as one of the means appears in the public view. The administrative contract has its own unique characteristics which makes it very different from other contract.one of the most notable features is that administrative subject has priority over the administrative relative person.The existence of administrative contract has a certain necessity.On the one hand, in order to maintain their own management needs, on the other hand, in order to better serve the needs of the people. The administrative relation is the unity of opposites.Administrative priorities are mandatory, administrative subject in order to achieve their own management needs,which is unique to the administrative subject. When using administrative priority,administrative subject takes private party in the administrative process as the object of action.Administrative contract must play its due role, which may help to make the social transformation and may be propitious to maximize the role of administrative rights in social governance.Overall, the development of China’s administrative priorities is not perfect.There is no formation of a complete system, making the actual operation exercise process are still a lot of problems to solve. As we all know, the administrative subject has a certain "superiority" and "natural aggression" than the administrative counterpart.China’s thousands of years of civilization history tells us that the greatest characteristics of " administrative power" is highly aggressive and expansive.Therefore, it must be restricted to prevent the negative impact of the administrative contract due to the expansion of power.In order to achieve a better understanding and application of priority in the administrative contract, in this article, the author defines the concept of the power firstly and then introduces its characteristic, the concrete content, the property and analyzes the rationality of its existence. Of course the author lists the problems existing in the social development. By analysing the relevant system of some countries, we can study the feasibility of their implementation and management in various aspects.combined with the specific national conditions of our country, the author puts forward reasonable construction. In this paper, the existing problems are analyzed in detail from different aspects. In law making, how to regulate the administrative priority is the primary problem; in the implementation process, how to implement the legal procedure is very important; in the settlement of disputes, how to protect equal rights and status of the administrative relative person is the key to diversified dispute resolution mechanism.Administrative contract can not only exert its own advantages, but also limit the excessive expansion of its power.While playing an active role in the administrative contract,we must strengthen the control of the administrative priority.