Research On Administrative Advantage Rights In Administrative Agreements In China

As a relatively mild and unique administrative management model between the administrative subject and the administrative counterpart,the administrative agreement has both administrative and contractual attributes,and the exercise of administrative preferential rights by the administrative subject breaks through the "contract" attribute of the administrative agreement,Has a strong "administrative nature",the administrative subject can unilaterally change,revoke,and cancel the administrative agreement concluded with the administrative counterpart.In order to make the boundaries of the administrative subject exercising the administrative preferential rights more clear,and the interests of the administrative counterparts are better protected,it is necessary to conduct a deeper research on the administrative preferential rights to better realize the purpose of administrative management.In addition to the introduction and conclusion,this article is mainly divided into the following four parts for discussion:First of all,starting from the basic theory of administrative preferential rights in administrative agreements,through the concept of administrative preferential rights,we summarize the main types of administrative preferential rights,namely,the right to supervise and guide the implementation of administrative agreements,and the right to change and terminate.,Administrative enforcement power,administrative sanction power,and a systematic discussion on the necessity of administrative preferential rights.By summarizing and summarizing the basic theory of administrative preferential rights,it is pointed out that this article will mainly analyze and discuss the main types of administrative preferential rights in our country-the right to change and terminate.The second chapter,through the collection,summary and summarization of cases,discovers the existing problems of the administrative preferential rights in the current administrative agreement in my country: the objective standard for the administrative subject to exercise the administrative preferential rights has not yet been formed and the court’s exercise boundary of the administrative preferential rights There is a vague attitude.Secondly,through collecting,summarizing and summarizing the cases,it is found that there are problems with the administrative preferential rights in the current administrative agreement in our country: the objective standard for the administrative subject to exercise the administrative preferential rights has not yet been formed and the courts have a boundary for the exercise of the administrative preferential rights.Vague attitude.Thirdly,it tries to analyze the causes of the problem of administrative preferential rights in the current administrative agreement in our country,and discuss the negative effects caused by the problems of administrative preferential rights.The current substantive legal regulations are not yet complete,the lack of high-level procedural laws and regulations,and the single relief path of the administrative counterpart have caused a series of problems when the administrative subject exercises the administrative preferential rights,which has caused a fundamental change in the original intention of entering into an administrative agreement.,Undermining the credibility of administrative subjects and judicial organs.Finally,from the perspectives of entities,procedures,and administrative counterparts’ relief,suggestions are made for the improvement of my country’s administrative preferential rights.Physically,we need to clarify the specific content and exercise conditions of administrative preferential rights;in terms of procedures,we should establish a series of systems for negotiation,hearing,prior notice,explanation,recusal,and disclosure to regulate administrative preferential rights;Regarding the relief of the counterparty,we need to improve our country’s existing litigation relief path and establish a diversified non-litigation relief path,so as to further solve the problem of the single relief path of the administrative counterpart.