Administrative Prior Rights Regulation Of The Administrative Agreement

With the worldwide development of concept of purpose in some new-style countries such as welfare states and service administrations, administrative agreement, as a softer and more flexible instrument, appears to play an important role in the management of national administrations. The situation has been changed. Modern countries devote to building a service-oriented government, prone to increase the discourse right of relative persons in administrative agreement systems. In the past, only administrative unit can make unilateral decision in administrative areas and the relatives were forced to obey. Administrative agreement relative person, in pursuit of maximum benefits, can complete the agreed content more efficiently, instead of having to go through lengthy procedures as usual administrative actions, which not only improves the administrative efficiency, but also can effectively reduce administrative costs.China’s Administrative agreement first appeared in reform and opening period, and the earliest one is land contracts. Then it gradually expanded to various industries and has been widely used. Agreement, as a concept in the field of private laws, reflects equality, consultation and autonomy. Although it is a tool in the field of administrative management, it still reflects certain characteristics of the contract, that is, consensus between the parties compared with the general administrative act administrative agreement. The fundamental purpose of administrative agreement is still the realization of public interest, and therefore gives the Chief administrative 2 priority to benefit administrative unit in administrative agreements. Administrative Priority, as the "weapon" of administrative unit, exists in administrative agreement, causing inequality between the administrative unit and the administrative counterpart. If not established effective regulatory regimes, the public interest and the relative person rights will be impossible to implement.Numerous legislations involve in the administrative agreement, such as "infrastructure and public utility franchise management approach", "Human administrative procedural requirements" and other regulations and local government regulations. Because of the misunderstanding of the position of the administrative agreement coupled with lack of clear laws and regulations on the administrative agreement, several unreasonable phenomenon the configuration of rights and obligations have occurred, such as administrative relative person subject to unreasonable obligations, or when the relative person refuses to fulfill its obligations, frequent occurrence of the administrative unit lack of effective means.Administrative Priority, as a feature of administrative, whose effective constraint determines whether the value of administrative agreement can be achieved. Administrative Priority to runaway cannot safeguard the public interest, but will result in violation of relatively arbitrary human rights. Administrative Priority, effectively regulated, can ensure the purpose of administrative agreements achievement. Though the agreement will still effect administrative relative person’s rights and interest, this effect can be compensated via the way afterwards. Therefore, ministrative Priority has become an important part of the administrative agreement system.The first part of the essay centers on the elements of the administrative agreement, to provide reasonable points for administrative Priority’s existence, including the nature of administrative Priority, the specific content and the sources of administrative Priority to Benefit. In addition, the administrative Priority and the exercise of remedies will be involved, due to the difficult identification and close connection between the administrative agreement with the civil contract.The second part begins with the basic principle of the administration following the law, in which the law matters. Though rules about Administrative Prior Rights have been made in many laws, statutes and rules, but these do not form a system. In some extent, there is a contradiction between each other, and lack of physical and procedural rules about the exercise of Administrative Prior Rights. Thus Administrative Prior Rights cannot be effectively regulated. As for lack of Administrative Prior Rights legal system, two ways mean to make adjustments. First, select the appropriate style to harmonize legislation administrative agreement legislation. Scholars come up with two main recommendations about choosing legislative styles, one is the development of specialized "administrative agreement Law", another is German model, making "Administrative Procedure Act". By analyzing the advantages and disadvantages of the two models, the better choice can be made.Second, protocol on administrative legislation should reflect the need for authorization, the rights of relative persons subject to the Administrative Prior Rights formed backward clear administrative agreement through legislation.。The third section describes the positive significance of administrative procedure to regulation of Administrative Prior Rights. Consultative process, inform process and the public hearing procedure are hoped to effectively improve the regulate system about Administrative Prior Rights,Due process principle of common law has always been important to ensure that national justice can be achieved in our country, procedural justice has been in existence in our country, with the lack of understanding of procedural justice, to improve the procedure of regulation system is particularly important for our country.The fourth part is about the administrative agreement counterpart relief path. When administrative agreement relative person rights have been infringed superior administrative body usfruct, the relative can get relief by way of non-litigation or through litigation. Because of the difference between the Administrative Priority to Benefit general and administrative power, particularity exists on administrative agreements Administrative Priority to Benefit Relief path. This section focuses on whether mediation and arbitration can be the counterpart to review the non-litigation relief path. Through analysis of the cases to the currently applicable Administrative Priority to Benefit Relief mode, put forward some views on whether the proceedings remedy in the end should be analyzed through civil rights protection or administrative litigation.Our Administrative agreement system performing late, there is a big gap with the developed countries. This essay also mentions the hopeful promotion of the system of our country, from the perspective of comparative law, and the analysis of the Administrative Agreement Administrative Priority to Benefit regulatory system of civil law countries Germany, France, and the system of common law countries.