Legalization Research On Administrative Prior Rights In Administrative Agreement

Administrative agreement had changed the way that traditional administrative organs command individuals,and it had introduced citizen into national administration in a more flexible means.It played an increasingly important role in the current social governance.In order to protect the public interest,the administrative subject enjoys the administrative power superior to Administrative Counterpart.Through the legislation of our country,the entity and procedure system of administrative prior rights is still not systematic and detailed.There is no uniform regulation on the content of administrative prior rights and there is no consensus on the specific content of administrative prior rights;The specific procedure rules are scattered in the local laws and regulations.In the long run,the administrative prior rights are not limited,and the expansion of discretionary power will make the administrative agreement evolve into a pure executive order.As the application of administrative agreement is more and more extensive,the research on the legalized path of administrative prior right in administrative agreement has certain practical significance and realistic demand.By carding the administrative agreement legislation,there are some questions:the lack of substantive law and procedure,a single relief system.Therefore,it is necessary to regulate the exercise of administrative prior rights from two aspects.Firstly,Administrative prior rights should include:the right to supervise the counterpart of the administrative agreement,unilateral right of change and the right to unilaterally rescind the administrative agreement.The sanction right and enforcement power mentioned in the academic circle cannot be defined as administrative prior rights,and the administrative organ can not enforce the right of claim in the agreement by administrative act.The essential attribute of administrative agreement is administrative,which is different from civil contract.In order to protect the public interest and achieve the administrative objectives,the other party does not have the right to change the content of the agreement.However,the other party has the right to request economic compensation for the damage caused by the exercise of administrative prior rights.Secondly,the unilateral change and rescission right endow the administrative subject with greater discretion.How to ensure the administrative body to exercise power on the basis of safeguarding the public interest?It is necessary to set strict procedural rules to restrict the exercise of power,including:announcement system,consultation procedure,hearing procedure,withdrawal system andremedy system.In particular,the administrative subject should consult with the counterpart before exercising the right of unilateral termination.Administrative agreement is bi-directional and contractual and is the balance between public interests and private subject.In the implementation of the administrative agreement,the administrative subject also need to remedy the rights.Therefore,a two-way non-litigation relief system should be established in the design of relief system.The administrative subject and the counterpart of the agreement can protect the rights and interests by adopting the non-litigation means of administrative arbitration and administrative reconsideration.In addition to establish an administrative arbitration institution within the administrative organ,and further improve the administrative review system.the administrative litigation is also an important means of the rights relief of the counterpart of the agreement.The litigation procedure of the administrative agreement also need to be further improved.