Application And Groundbreaking Research On The Relativity Of The Administrative Agreement

The principle of relativity is the cornerstone of classical contract law,which is the basis for the theoretical construction of autonomy of will and liberty of contract,beyond that it plays an important role in guaranteeing the freedom of the third party and maintaining the stability of the agreement relationship.The nature of the administrative agreement means that it is possible and necessary for administrative agreement to apply relativity principle.According to the Regulations of administrative agreement,the prosecutor who has an interest can be plaintiff,so the outsider of the agreement can enter the relationship.To answer the above questions,it is necessary to investigate the nature of administrative agreement and the basic theory of relativity principle.Relativity principle research has achieved a breakthrough was mainly due to the expansion of the validity of the contract,while the nature of administrative makes the expansion more apparent,which means that the administrative agreement also can break through the principle of relativity.But it needs to be clarified that the relativity principle generally can't break out,except the administrative agreement infringe the rights and interests of the third party and it should be given the plaintiff qualification.In order to ease the tension between the expansion of the effectiveness of administrative agreements and the protection of the rights and interests of the third party,on the one hand,the right of consent of the third party can be introduced to conform to the principle of relativity,so as to achieve a win-win situation between the protection of the rights and interests of the third party and the public welfare purpose of administrative agreements;on the other hand,the means of regulating the exercise of the administrative rights and interests of administrative subjects can be adopted to reduce administrative agreements The externalization of effectiveness,in order to maintain the principle of relativity.However,this can not avoid the infringement of the legitimate rights and interests of the third party by administrative agreement,so in the relief level,we should perfect and reconstruct the qualification standard of the plaintiff and the defendant by the principle of relativity.Specific to litigation practice of the administrative agreement: In terms of plaintiff qualification,the prosecutor who claim inherent interest in a subjective litigation shall apply the principle of relativity,who claims to perform the rights and interests can break through the principle of relativity.To achieve the purpose of public service in objective litigation,can break through the principle of relativity and gives right of public interest litigation prosecution to the corresponding main body.In terms of the defendant qualification,the administrative subject theory is not a valid excuse for breaking through the principle of relativity and the defendant qualification standard should be refactored,i.e.,make the contract main body as the eligibility of administrative agreement defendant and make the behavior main body directly involved in the litigation.This not only to find out the truth but consistent with the principle of litigation.