Research On Legal Regulation Of Administrative Superiority And Benefit In Administrative Agreement

Administrative agreement is regarded as the product of social democracy and legal civilization because it satisfies the equality of respecting individual will and taking into account the sociality of public interest.Under the guidance of the concept of service-oriented government,the flexible and flexible governance model of administrative agreement is introduced into the current social governance,which is the means for the service-oriented government to seek the balance between private interests and public interests.At the same time,the original intention of using the administrative agreement is to realize the administrative purpose through the way of "soft administration ",so it is necessary to endow the administrative organ with the right of superior interest to safeguard the public interest.But this actually caused the two parties to the agreement in an unequal position,contrary to the "consensual" nature.How to perfect the operable administrative superior right norm in order to balance the relationship between the inherent compulsion and the agreement of the administrative superior right has become a positive exploration to better respond to the realistic problem of the administrative superior right.This article starts with the basic connotation of the right of superior administrative benefit,probes into its concept,nature and the main types of power identified in the practice and theoretical research of the administrative agreement,and analyzes the existing law’s regret in the subject,condition,procedure regulation and remedy after the dispute,and then analyzes the more mature law,Germany,Britain and the United States,combining with the actual development of the administrative agreement and the administrative superior right in our country,and starts with clarifying the basic principles of the right of exercise,the conditions of the right of exercise,and perfecting the relative human rights guarantee system of the administrative agreement in the substantive system,Supporting third parties to participate in the evaluation,consultation,hearing,information disclosure,avoidance and other procedural systems and sound and feasible ways of litigation relief and non-litigation relief to regulate the exercise of power.It is hoped that the system standard system of administrative superior and beneficial rights will make the public interest fully protected.At the same time,the legitimate rights and interests of the counterpart of the administrative agreement will not be in an uncertain state because of the abuse and neglect of the administrative subject.Then the two sides of the administrative agreement are in the same platform for dialogue and exchange,so that the practice of administrative agreement in the track of rule of law operation,development.