Administrative Illegal Liability In Government Franchise Agreement

ith the development of the society,the public wants to have a better life,the demand to the quality of life is becoming higher and higher.The administrative organs have difficult to provide the services that are required by the public alone.So,it is necessary for the administrative organs to transfer the providing public services and infrastructure construction right to the private sectors.In this way,the public will get better services and preferable life.As a result,a large-scale public-private corporation and privatization movement has been launched worldwide.In this trend,the government franchise agreement plays an important role.The government franchise agreement grants the government franchise right to the private sectors through the agreement,at the same time,the administrative organs from “executor” to“leader”.However,the administrative organs can not give up their responsibilities because of this,the administrative organs should realize that they are changing from an “executive government” to a “governance government”.In this process,the administrative organs are facing new situations and challenges.In the traditional administrative law,the administrative organs mainly carry out social management with unilateral and high-power administrative acts.As a direct executor,the administrative organs provide social services for the public and carry out social management,and the relationship that the administrative organs need to deal with is the dual relationship of "administrative organs-administrative counterparts".ith the rise of "service administration","payment administration" and "active administration",the legal relationship that the administrative organs need to deal with has changed from the original dual legal relationship to three,four or even multiple legal relationships.In the government franchise agreement,the administrative organs need to deal with is the relationship between the "administrative organ-enterprise-social public".Because the administrative organs and the enterprise sign an agreement,the administrative organs not only need to bear the legal responsibilities,but also the corresponding responsibilities of the administrative organs that are stipulated in the concluded agreement.For the public,the administrative organs have not given up their responsibilities and obligations for public management,and they should still supervise and manage the relevant behaviors of enterprises to ensure the quality and level of services.However,in practice,from the conclusion process of the government franchise agreement to the implementation process of the agreement to the performance of the end of the agreement,there are still many problems in the process of theadministrative organs taking responsibility for administrative violations.These problems are not conducive to the realization of good social operation and development.So,this paper will analyze a series of problems in the government franchise agreement in which the administrative organs bear the responsibility for administrative violations,and propose specific measures to solve this problem.This paper is divided into five parts.The first part first elaborates the government franchise agreement basic theory questions,in order to illustrate the necessity of the administrative organs to better assume the responsibility of administrative violations in the government franchise agreement.It mainly explains the nature of government franchise agreement and the status of the administrative organs in government franchise agreement.hether the nature of the government franchise agreement is a “civil contract”,an“administrative agreement” or a “special agreement” with both characteristics is the first problem that needs to be solved to solve the administrative organs' liabilities for administrative violations in the government franchise agreement.Only by defining the nature of the agreement can we determine what the legal consequences of the administrative acts are and how to bear the corresponding responsibilities for administrative violations.Secondly,the position of the administrative organs in this new administrative actions' mode is of great significance for the administrative organs to better assume the responsibilities of administrative violations.This paper divides the status of the administrative organs in government franchise agreement into three aspects: the planner of the government franchise agreement,the defender of public interests,and the coordinator of interests of every part.It is the nature of the government franchise agreement and the position of the administrative organs in it that determine that the administrative organs have the responsibility of administrative violations and better performance of obligations from the conclusion of the government franchise agreement to the performance of the end or termination of the agreement.The second part from the existing laws,departmental rules,local government rules and other relevant rules explain that relevant provisions of administrative liabilities for violations in the government franchise agreement.Firstly,it is explained that the current laws and regulations have relevant provisions on the government franchise agreement,from the constitution to the local laws and regulations all have various provisions on the government franchise agreement.Secondly,it explains the specific provisions on the administrative illegal liabilities that the administrative organs should bear in the government franchise agreement.Through this part,it can be explained that at the level of relevant provisions,the current relevant provisions cannot effectively solve the problems of government franchise agreements encountered in practice.The third part shows the problems existing in the practice of our country in which the administrative organs bear the administrative illegal liability in the government franchise agreement.From the whole process of the performance of the government franchise agreement to investigate,including before the conclusion of the agreement,the process of the implementation of the agreement and the agreement after the completion or termination of the implementation of the administrative organs should bear the responsibility for administrative violations and the administrative organs in the process of the main problems.At the same time,it further shows that the traditional administrative agencies have not been able to solve the existing problems,and there must be a new theory and method to solve the problems in the government franchise agreement.The fourth part focuses on the analysis of the emergence of government franchise agreement has posed a challenge to the traditional administrative means,analyzing under the traditional legal framework and theoretical basis,why the administrative organs are unable to bear the responsibilities for administrative violations.It mainly includes relevant laws and regulations are not perfect,the lack of effective supervision and restriction means,the existing relief methods cannot effectively protect the legitimate rights and interests.The fifth part is providing some advice for the administrative organs to better assume the responsibilities for administrative violations in the government franchise agreement,mainly from the legislative,administrative and judicial aspects.In the legislative level,mainly includes improving the relevant provisions of the administrative procedure law and formulating relevant special legislations.In the administrative level,includes perfecting the hearing system and establishing special supervisory and administrative organs.In the judicial level,includes the establishment of the principle of judicial final relief and the establishment of a variety of dispute resolutions.