On The Judicial Review Of The Superior Right Of Interest In Administrative Agreement

As a new administrative means,administrative agreement has been widely used in practice and it is more and more widely accepted.The right of superior interest in administrative agreement is an important feature of administrative agreement,which plays an important role in the smooth implementation of administrative agreement and the smooth realization of government management objectives.Administrative agreement cases have been included in the scope of accepting cases of administrative litigation,which points out the direction for the settlement of administrative agreement disputes.And the diversification of the types of administrative agreement disputes in judicial practice.This field is also directly contributing to the administrative agreement dispute is more complex.The relevant legislation cannot meet the administrative agreement dispute.Academic circles have also been arguing about the administrative agreement on the relevant issues,especially for the study of the prior right in administrative agreement.Therefore,in order to restrict administrative organs from using the right of superior administrative interests,respect and guarantee the legitimate rights of agreement with each other,and facilitate the realization of government management objectives.It is necessary to comprehensively and comprehensively develop the judicial review of the right of superior administrative interests system of administrative agreements.This paper consists of four chapters and a conclusion.Firstly,this paper expounds the basic meaning and characteristics of the right of superior interest in administrative agreements,the necessity of the existence of the right of superior interest,the system of judicial review of the right of superior interest,and the theoretical basis for its existence.In the following part,it mainly reviews the superior right of interest of administrative agreement from three aspects of legality,rationality principle and contractual principle,and introduces the specific content and performance of the principle in detail.Then,from the abstract to the concrete,starting from the most characteristic power enjoyed by the administrative subject in the administrative agreement,it reviews the conditions and procedures for exercising the supervision and command right,unilateral change and relief right and sanction right.Finally,carding the referee form of practice in our country,trying to perfect the administrative system of judicial review prior right agreement,in safeguarding the interests of the country's social and consider the rights and interests of the other party to the agreement,also on the use of the privilege of government regulation,make the administrative agreement maximum exert its utility in the management of the government.