Judicial Review Of Administrative Benefits Right In Administrative Agreement

The functions and roles of government are changing from management to service.As a relatively soft administrative mode,administrative agreement is gradually recognized by more and more people.The administrative agreement is based on the consideration of public interests,through the law to give administrative organs in the agreement over the other person 's power,this special power embodied in the administrative organs in order to safeguard public interests can unilaterally change,cancel the agreement,or to supervise and guide the performance of the other person 's behavior,and impose sanctions on the other person's illegal breach.The rights and interests of the administrative agreement do not need to be agreed with the relative person in advance,it is the authority entrusted to the administrative organ by law,and can be directly unilaterally exercised without being bound by the administrative agreement.With the introduction of relevant laws and judicial interpretations,the issue of administrative agreement has been heated,which makes the administrative agreement become a very valuable field of research,especially on the content of the administrative subject 's rights and interests in the relevant research.In practice,various types of administrative agreements exist in large numbers,and the administrative subject will be more or less used in different administrative agreements to safeguard the interests of the public.However,because the theoretical circle of the administrative agreement in the judicial review of the administrative subject 's rights and interests of the lack of in-depth study,and Chinaese legislation does not clear the content of the judicial review of administrative rights and interests of the administrative agreement,resulting in a number of problems to solve without a unified approach,so we need to clear the relevant content of the judicial review of the administrative subject 's rights and interests of the administrative agreement.This is conducive to the improvement of the administrative agreement system,so that the administrative agreement as a new administrative management mode to play a greater role.Secondly,it is helpful to solve practical problems and regulate the abuse of the rights and interests.This paper elaborates the relevant theories of the administrative agreement 's benefit right in detail,analyzes the basic concept of the administrative agreement 's benefit right and the need of the public interest,which is the basis of the exercise of the administrative agreement 's benefit right,and puts forward some opinions on the correct definition of the public interest;This paper introduces and analyzes the theory of the administrative agreement in the relatively perfect countries,to understand the provisions of the foreign experience on the administrative rights and interests,to summarize and analyze the current situation of the judicial review of the administrative agreement in our country,summed up the existing problems of the judicial review of the administrative agreement rights and interests,combined with the current situation of current in China,this area has not yet been systematically provided,in our country's existing legal framework.