The Legal Control Of Administrative Priority Power In Administrative Agreement

Under the background of building a government under the rule of law and a service-oriented government,administrative agreement,as a new way of administrative management,has been applied by administrative subjects in many public service fields.At present,China's administrative agreements play an important role in providing public services and seeking social welfare.In practice,administrative agreements have been applied in different fields,including public engineering construction,state-owned land use,municipal public utilities franchising and other fields.The original intention of the administrative contract system is to realize the public advantages,and the allocation of the power of administrative priority to the administrative subject is to ensure the performance of the administrative agreement.In the administrative agreement,the administrative priority right is a kind of administrative power.It can urge the relative party of the agreement to fulfill the contract obligation,ensure the smooth perform of the administrative contract,and realize the public interest.But power is quite expansionary,so it must be controlled by law.To sum up,under the concept of administration according to law,the existence of the power of superior interest in administration is acknowledged and the power of superior interest in administration is legally controlled,so as to fulfill the administrative agreement as agreed,achieve management objectives and increase social welfare.This paper discusses the basic theory of administrative superior power of interest,including the concept of administrative agreement and the identification standard of administrative agreement,then clarifies the definition of administrative superior right of interest,discusses that administrative superior power of interest is a kind of administrative power,and discusses the existence basis of administrative superior power of interest from three perspectives.And through combining the domestic scattered legal provisions with reference to foreign legislation,respectively concluded the nature of the expression of the power of superior interest,and finally discussed the necessity of legal control of the administrative power of superior interest.And through the analysis of our country's administrative agreement in the power of administrative interests of the legal control of the three control methods and implementation of the status quo.Then it analyzes the current situation of judicial review,including the time limit for prosecution in judicial practice,The applicable law,the object of judicial review of administrative agreements,and the content of judicial review of disputes over administrative interests.Combined with the current situation,it points out the existing problems in the current legal control of the power of administrative priority.Mainly includes the substantive law stipulation,the procedural stipulation and the judicial review present situation question.Then from the three directions of entity control,procedure control and judicial review control,the author puts forward Suggestions to improve the legal control of the administrative priority power in the administrative agreement.As the representative of the public interest,the administrative subject is bound to enjoy the power of administrative priority in the administrative agreement.To improve the theory of the power of administrative priority in administrative agreements,such as the control of entity rules,the control of procedure and the effective judicial review,can prevent the abuse of administrative power and administrative inaction,give full play to the administrative function,in order to ensure the realization of public interests.To achieve the unity of public interest and private interest in the pursuit of the interests of the administrative agreement,so that the administrative agreement system in the perfect operation of society,increase the well-being of the people.