The Administrative Priority Of Administrative Agreements In China

Administrative agreement has gradually become a gentle way of government administration.Administrative priority is the distinguishing feature between administrative agreement and civil contract.As the administrative agreement becoming more and more common in judicial applications,abusing administrative priority always appears in Judicial Practice.In addition,the courts have confused the application of contract laws and administrative priorities because of Legislative shortage.The core of this paper is how to control administrative priorities to provide better services for administrative agreements.This paper is divided into four chapters:The first chapter mainly describes the concept,source and nature of administrative priority.Clarifying the basic concept and basic nature of administrative priority is conducive to an intuitive understanding of administrative priorities.The second chapter mainly analyzes legal status and typical cases.The relevant legal system has been improved in the administrative agreement because of the revision of the Administrative Procedure Law in 2014 and the introduction of the judicial interpretation of the Supreme Court.The author tries to analyze and summarize the laws of administrative priority through the relevant legislation of the administrative agreement,exposing the problem of abusing administrative priority and the shortage of procedural regulations,etc.The third chapter is a further analysis of abusing administrative priority.The author believes that there are mainly four questions including confusion of Rights content,applicable conditions,Applicable circumscription,shortage of procedures by analyzing the source,background,and the solution of problems.The fourth chapter proposes solutions to the above problems,which are useful to regulate administrative priorities.In particular,the utilization of the principle of reliance interest,the principle of proportionality the improvement of the administrative agreement counterpart and the establishment of relief path,hearing and negotiation system contribute to the protection of the right of administrative counterparts.Starting from the basic theory,this article discusses administrative priority issues in the administrative agreement through literature research,empirical analysis and other methods,combined with the guidance of the Supreme Court.It is hoped that the administrative agreement system will be better developed by exploring administrative priorities.