The Legislative Perfection Of The Administrative Subject Priority In The Administrative Contract In Our Country

The administrative subject priority in the administrative contract refers to the right that based on the legal provisions of administrative regulations or administrative contract in terms of agreement, in order to realize the goal of administrative management, and safeguard the public interest, enjoyed by the administrative subject unilateral, the administrative relative person agreed to administrative privileges can be exercised. The administrative priority including administrative contract initiated option and right, administrative contract to fulfill the supervision and guidance of the right, the administrative contract unilateral change right and the right to unilaterally terminate and of administrative contract in each other right to impose sanctions. At present Chinese system of administrative contract in restraint of administrative subject priority mainly exist the following problems, including no system of laws and regulations to regulate the subject of administrative contract priority to benefit, the lack of restrictions on the exercise of the privileges of the procedural provisions and due to exercise the privileges of the dispute relief system is not perfect. The perfecting proposals of the legislation to regulate the privilege contains stipulating the contents of the privilege clearly, perfecting the procedural system of the privilege and perfecting the way to resolve disputes.