On The Regulation Of Administrative Priority In Franchise Contract

Since the 17 th century,the private sector has been introduced into the public service as one party of contract.The franchise system for public service has become a new model for government management and service of public utilities and has gradually emerged in Europe.Nowadays,whether in the urban water supply,heating,gas supply,waste disposal,transportation and other traditional areas,or the current new energy,environmental protection and other fields,the franchise system gradually shows its advantages.It not only greatly reduces the burden of government to provide public services,providing a strong guarantee to meet people's growing demand for public services,but also plays the advantages of fair competition in the market for the market economy with new vitality.Since the 1980 s,the franchise system began to introduce to China.Because there is no theoretical basis and practical experience,China's legislation in this regard is lagging behind the provisions.The problems that arise in this process are,first and foremost,the controversy over the nature of the franchise contract,focusing on administrative contracts and civil contracts.Different identification of the nature will produce different legislative tendencies and different ways of dealing with disputes.China's judicial practice is mostly in the franchise contract infringement and compensation areas,in accordance with the civil case in the settlement of the dispute settlement.The consequences of this is that in the more powerful administrative power of our country,the relative rights of the contract is highly vulnerable to neglect and injustice.This is reflected that administrative subjects use administrative priority in illegal or improper ways in the franchise contract,resulting in infringement of the operator or third party,as well as the damage liability to the third party or the public interest because of its negative exercise.In addition,the lack of procedural control and relief channels in the franchise system of China's franchise system makes the above situation not only detrimental to the realization of the government's social management and maintenance of public interests,the loss of public trust in the government,but also damage the interests of the parties to the cooperation,resulting in unnecessary disputes,inefficiency and waste of resources.Therefore,the purpose of this paper is to study the regulation of administrative priority in franchise contracts.The first chapter mainly uses the method of comparative study to introducethe basic theory of franchise contract and administrative emblem rights.Firstly,it discusses the background,concept,characteristic and nature of the franchise contract.This paper supports it in administrative contract.Secondly,it compares the exercise of the administrative advantages and disadvantages in the franchise system of different countries,and summarizes the connotation,existence basis and main content of the franchise in the franchise contract.The second chapter mainly adopts the method of normative research and empirical analysis,analyzes and summarizes the existing problems in the exercise of the franchise contract with the relevant laws and regulations,and finds out the existing problems in the law of the franchise system.The lack of preferential rights regulation,and the series of violations of legal principles and rules arising from the exercise of the franchise rights in the process of signing and implementation of franchise contracts.The last chapter is the regulation of administrative benefits in the franchise contract regulation,from the franchise contract before,during and after the whole process,combined with foreign governance experience,from the entities,procedures and relief to build on the administration legal regulation mechanism of.