On The Remedy Of Administrative Counterpart's Rights In Administrative Agreement

Administrative agreement as a means to help the government to manage the country has been widely used since modern times.Compared with the traditional civil contract,the time of development process is shorter or lag behind the needs of social development.With the development of government legal system in our country,administrative ideas have changed greatly.The government function starts from the management type government to the service government transformation,followed the massive administrative contract appearance.However,although the administrative contract has long been widespread practiced,but because of its own nature the administrative contract theory and legislation is still controversial,has not yet reached a unified understanding.Administrative contract is an important component of modern administration,and it is also a combination of administrative power and contractual relationship.As a new management method,it better reflects the modern administrative democracy thought,and cooperation,tolerance and non mandatory characteristics,since its appearance in the world has obtained tremendous development and application.On the one hand,its appearance breaks the pure understanding of the contract only belongs to the private law field,on the other hand,it also reflects the development trend of mutual penetration and mutual integration between the field of modern private,law and public law.The administrative subject has many substantive rights in the administrative agreement,which exists in order to achieve the purpose of administrative management,and to maintain the social public interests.As one of the parties of the administrative contract,the administrative subject enjoys the power of being mandatory and giving priority to the counterpart of the contract.Administrative benefits make the administrative relative party in unequal status,the weak position of the rights and interests of vulnerable to abuse,the current "administrative procedure law" in the government punishment system and the rights of administrative relative person prior to take protective measures,as far as possible to avoid the damage caused by the parties.The protection of the administrative counterpart to a new level.However,in practice,the rights of the administrative counterpart will still be infringed by the administrative subject.Based on the analysis of the three typical administrative agreements,this paper puts forward some problems in the protection of the relative rights of the administrative agreement in practice.Aiming at these problems,this paper puts forward better solution.It is suggested that the system of punitive damages should be established in legislation and the procedural right of confrontation should be given to the relative person.Finally,in the end of the article,by comparing the mediation system and the existing administrative disputes,the author think adapt mediation system to administrative agreement is better to protect administrative counterpart.