On Judicial Review Of Administrative Superiority Right In Administrative Agreement

Government functions and roles are shifting from management to service,and administrative management is more flexible and soft The administrative agreement is a product of the government in order to better serve the people,and it is both administrative and desirable.The existence of the administrative superiority right in the administrative agreement is based on the premise of safeguarding the public interest.The power of the administrative organ is better than that of the administrative counterpart through laws and regulations.This kind of power is reflected in the administrative organ's goal of achieving administrative management and enjoying the administrative counterpart.The right of choice and the right to decide on the target,the-administrative subject can exercise the unilateral change and release right without the consent of the other party in the case of satisfying the public interest and being affected by major adjustments such as laws and policies,and has supervision and guidance on the performance of the agreement Right,in certain circumstances,the executive relatives have the right to enforce and sanction.However,at present,China's judicial review of administrative superiority rights in administrative agreements is limited to basic theoretical research,and has not yet formed a comprehensive and effective judicial review system.In the judicial practice,there are still many shortcomings in the judicial review of the administrative superiority right in the administrative agreement,which needs to be paid attention to.On the basis of analyzing the lack of judicial review of administrative superiority rights in the administrative agreement and drawing on the experience outside the domain,the corresponding suggestions for improvement are put forward.The specific research contents of this paper are as follows:The first part expounds the theory of administrative superiority in administrative agreement,and analyzes the nature,characteristics,manifestation and exercising conditions of administrative superiority right in administrative administrative agreement.The second part expounds the practice of judicial review of administrative superiority right in China's administrative agreement,and analyzes the status quo of judicial review of administrative superiority right in administrative agreement with judicial practice,from the normative basis,content standard and administrative referee of judicial review.Type and other aspects.Finally,it points out the inadequacies of the judicial practice of administrative superiority in China's administrative agreement,which is mainly reflected in the lack of systematic and comprehensive normative basis,the application of law is not clear,the scope of examination is not comprehensive and the administrative litigation mechanism is relatively simple.The third part analyzes the judicial review of the administrative superiority right in the administrative agreement of the civil law system and the common law system of the United States,and draws on the experience of the extraterritorial domain,combined with the social environment of our country and the concept of the rule of law,so as to get corresponding enlightenment.The fourth part puts forward suggestions for perfecting the administrative superiority right in China's administrative agreement,including:firstly,the principle of judicial review is clarified.Then improve its normative basis,issue a special explanation,and issue administrative guidance cases.Secondly,it clarifies the application of the law of judicial review,expands the scope of judicial review,and finally strengthens the use of litigation mediation.