Research On Administrative Privilege In Administrative Agreement Of Our Country

Administrative agreement is an important way for the administrative subject to carry out social management,and at the same time it plays an important role,which is conducive to giving play to the role of social forces in public undertakings,improving the technical and capital difficulties of administrative organs in dealing with social affairs,so as to better protect public interests and achieve the purpose of social management.Because of the public nature of the original intention of the signing of the administrative agreement,the administrative organ is still very strong in the administrative agreement,and the existence of the administrative superiority is the performance of the administrative agreement is stronger than the agreement.The agreement between the administrative right and the traditional administrative act,but at the same time because it exists in the administrative agreement and has the characteristic of agreeableness,it cannot be simply regarded as a kind of traditional administrative power,at the same time,it is impossible to view the rights and obligations of the two parties in the administrative agreement only with the agreeableness.Because the administrative agreement system in our country produce time is shorter,the relevant system and the system is not established,such as administrative organs to exercise administrative fine power such uncertainty about the concept of public interests,the court in the judicial referee examination standards,result in connection with different sentence,not conducive to the establishment of the court of justice image.At the same time,there are no explicit provisions on the content,exercise conditions and remedy methods of the right of superior administrative interest,which makes the arbitrary interpretation of the public interest by the administrative organ when exercising the right of superior administrative interest easy to cause the abuse of the right and damage the interests of the other party of the agreement.It is not conducive to the standardization of administrative ACTS and the improvement of the trustworthiness of administrative organs.At the beginning of the emergence of administrative agreements,China paid more attention to the protection of the administrative advantages and interests of administrative organs,but neglected the protection of the rights and interests of the relative parties.With the development of social concept,public welfare is no longer the protection of absolute priority over private benefit.Therefore,it is necessary to pay attention to both the protection of the superior interests of the administrative right and the protection of the interests of the relative party of the contract,that is,the control of the right,so as to achieve the degree of coordination between the use of the right and the control of the right.In addition,the prior right of administrative organs to exercise administrative agreement dispute how to remedy the problem also is one of the focus in this paper,a modified administrative procedure law while the rules agreement to the other party about administrative proceedings plaintiff qualifications,but based on the development of society and the transition of the function of the administrative management,administrative organs to participate in public affairs management,the scope of administrative agreement dispute also increases,only is the manner in which the administrative litigation is difficult to meet the requirements.The latest of the Supreme People’s Court on some issues of the handling of administrative agreement provisions though enriched the prior right in administrative disputes solution,but it should be noted that the agreement of the other party claims still mainly through administrative lawsuit manner,for the administrative organ in the passive position in the administrative agreement stipulated the right to apply for compulsory execution is one of the highlights.However,it is still of great value to make up the single and deficiency of remedy through the study of non-litigation system.This paper consists of three parts.The first part is a brief introduction of the case and the analysis of the focus of the dispute through sorting out and comparing the three selected typical cases about the right of administrative priority,to achieve the judicial practice of China’s administrative priority rights for the basic situation of the trial of disputes;Chapter II of the legal analysis,in order to understand the attribute,content and problems in the process of exercising the right of administrative advantage in our country,the third chapter is the conclusion of the research and the summary of the enlightenment,in order to propose solutions to the problems in chapters I and II,it is mainly discussed from the procedure that the executive branch should follow in exercising the right of administrative superiority,the way of the right relief of the counterpart in the administrative agreement,and the principles of good faith and Legitimate expectation in civil law.