Research On The Protection Of The Rights And Interests Of Third Parties In Administrative Contracts

Since the administrative contract appears,scholars in China focus on and studies the administrative contract,the concept,type,legal requirements,such as illegal effect,as well as to the administrative relative person,the focus of the problems of protection of the rights and interests of administrative contract to a third person,together with the administrative law theory is generally not admit of trilateral and multilateral relationship of administrative law,in practice,the administrative contract to a third person legitimate rights and interests are violated often overlooked,however,the administrative contract system of the third person in the maintenance of the administrative contract validity and stability,the maximum public interest is of great significance.The protection system of the rights and interests of the third party in the administrative contract in major countries and regions in the world has experienced from scratch,from single rights and interests protection to universal public interests protection,and the system is still in a state of continuous improvement,which is far from that in China.The legal rights and interests protection system for the third party of administrative contract in China has not formed a unified opinion in theory,and the theoretical research foundation is weak,which further hinders the construction of administrative legislation.In addition,the legislation of the third party of administrative contract in our country is absent,scattered,low in effectiveness and weak in execution.In the process of administrative law enforcement,the third party of administrative contract is often neglected due to the conflict between the parties of interest in the multilateral administrative contract.In the practice of judicial remedy,the qualification standards for the plaintiff of the third party in administrative contract are different,which increases the difficulty for the third party in administrative contract to seek remedy.In view of this,this article from the aspects of legislation,law enforcement,judicial three for administrative contract to a third person to be solved in practice problems put forward some idea,first of all,clear legal status of administrative contract to a third person in the law,gives basic procedural rights and interests of administrative contract to a third person,the administrative contract to a third person to participate in the administrative contract in the effective and positive claim their rights and interests,also give administrative contract to a third person multiple dispute resolution mechanism.Secondly,in terms of standardizing administrative law enforcement measures,this paper discusses the new requirements of administrative law enforcement from the four stages of administrative contracts,and puts forward several points for interest measurement in administrative law enforcement.Finally,about the administrative contract in the judicial practice in the third person of the plaintiff qualification problem,this article through to the two factors that affect "the stakes" : "rights" and "causality" discussion,put forward a cognizance administrative contract to a third person the plaintiff qualification of analytical tools,and in administrative contract to a third party of administrative litigation to the advanced experience of learning French.Generally speaking,the protection system of the rights and interests of the third party in administrative contracts in China is still not perfect at the present stage,and there are still many problems to be solved in theory and practice.