Research On The Protection Of The Rights Of The Third Party In The Government Franchise Agreement

In 2014,the revision of the Administrative Litigation Law formally divided the "administrative agreement" into the scope of the case,and the government franchise agreement was listed as one of the famous agreements.As an important way of public-private collaboration,government franchise has played an irreplaceable role in providing public services and infrastructure construction.It is also due to the external radiation effect caused by the public welfare of the agreement,which has a great impact on the interests of the third party who is the representative of the public interest and the service target,and forms the administrative subject,the franchiser and the third party of the agreement.Multilateral administrative legal relations.In 2019,the Supreme People's Court made a clear distinction between the litigation rights and interests of the third party in the administrative agreement in the special judicial interpretation of the administrative agreement,which is a key step in the field of third parties,but the thick line provisions need to further expand liquidation capabilities Better guide practice.The effective exploration of legal attributes and even dispute resolution directly affects the stability of the administrative agreement system.This paper takes the third party of the government franchise agreement as an entry point,and points out that the direct subjects of the franchise agreement include administrative agencies and franchisees,while the third party of the franchise agreement is indirect ownership.The third party of the government franchise agreement has public services.In terms of the type of the third party,the "interest + legal rights standard" is adopted to define the scope of the third party discussed in this article,based on different standards.The types of rights against third parties mainly include the right to sue and the right to participate in procedures.With regard to the protection of the third party,the third party in the competitive relationship has disputes over the plaintiff 's qualifications,violates the principle of trust protection,and is doubtful whether it can break through the bidding process.The third party in the consumer relationship has the problems that it cannot choose the service provider,the pricing procedure lacks effectiveness and the rights protection channel is not smooth.The third party in public bondage has the problem that it is difficult to claim compensation and to seek judicial relief.The reasons are as follows: first,the conflict between the relativity of the agreement and the third party theory;second,it is difficult to integrate the multiple identities of administrative agencies;and third,the position of the franchise owner is ambiguous.We should start from the two aspects of procedural guarantees and judicial guarantees.First,we should classify and establish the third.The person 's procedural guarantee system,and then restore the protection of the theoretically clear “interest” standard in judicial relief to protect the third party 's right to sue,and guarantee the right of some third parties to participate in the lawsuit as the third party in the lawsuit So as to realize the judicial protection system of the rights and interests of the third party.