Research On The Protection Of The Rights And Interests Of The Administrative Counterpart In The Concession Agreement

Concession license has become a special system of administrative license because of the particularity of the industry it involves.In 1984,China established the first concession project,namely Shenzhen Shajiao B power plant project.Since then,heating supply,water supply,waste treatment,urban transportation and other industries have also operated in the way of franchise.With the development of the concession industry,more and more relevant employees have been included in the scope of concessions.Concessions sign agreements with relevant administrative organs for profit or other purposes,and become the main body of the agreements.However,the rights and interests of the administrative counterpart in the agreements are often ignored.Whether it is the government or ordinary citizens,most of them focus on the public interests closely related to themselves,or pay attention to the government's management level of the concession industry.Such neglect leads to the imbalance of the rights and obligations of the administrative counterpart in the concession agreement.Through the search and arrangement of the author,the number of provisions on the obligations of the administrative counterpart in various normative documents is often more than twice the number of provisions on rights.And the relevant relief measures still need to be improved compared with foreign countries.I think that the rights of concessions need to be protected urgently,otherwise the unstable concession agreement relationship will affect the public interest and even the normal production and life order of the society.Based on this situation,this paper will enumerate cases and laws and regulations to prove,and summarize the specific rights of concessions and the performance of some rights infringed.In view of the manifestation of the vulnerable rights,combined with the author's own thinking and the reference to the excellent foreign systems,this paper enumerates and proposes the ways to protect the rights and interests from the aspects of legal regulation,the feasibility of Preview of administration reconsideration and the introduction of arbitration procedures,and the current judicial review system.I hope this article can make more people pay attention to the administrative counterpart in the concession agreement.The public interest in the bright place is worthy of attention,and the rights of franchisees in the dark place must also be protected.