Research On The Legal Regulation Of Administrative Preferential Rights In Administrative Agreements

Looking at the development process of our country's administrative agreement system,inspecting the status quo of administrative preferential rights in administrative agreements and their regulations,we can find that administrative preferential rights are still legal concepts and have not yet been transformed into clearly-proven legal concepts,leading to administrative advantages in legislation.Benefit rights regulations are scattered and lack uniform regulations;in the implementation of agreements,administrative agencies abuse administrative benefits rights prominently,and the procedures are serious violations;at the judicial level,administrative benefits rights are not only ambiguous in their legality review standards,but also lack reasonableness reviews,and Judges misunderstood the conditions for the exercise of administrative preferential rights,and it was difficult to correctly understand them,which led to improper judicial system.In addition to the above problems,administrative preferential rights are statutory powers with discretion.The principle of autonomy of will in administrative agreements cannot play a regulatory role but can only be based on the principle of legality.It is necessary to protect the trust and interests of the counterparty.Unified legal regulation of administrative preferential rights.In the current situation of insufficient legal supply,it is feasible to introduce special judicial interpretations on administrative preferential rights in legislation,use the principle of due process,and regulate administrative preferential rights through internal reconsideration procedures.In addition,the diversified and advanced foreign judicial review standards Experience and the court's review mechanism for the legitimacy of administrative preferential rights also provide an effective and feasible path for the judicial system of administrative preferential rights.How to regulate the administrative privileges in the administrative agreement needs to put forward suggestions to solve the problem from the three levels of legislation,administration and justice.Legislatively,the specific content of administrative privileges shall be uniformly determined in a special judicial interpretation,including the right to unilaterally change the termination,the power of supervision and guidance,and the power to interpret the terms of the agreement;it is clear that the administrative privileges can only be exercised based on the needs of the public interest.In the process of exercise,the administrative agency must follow due process,actively perform the obligation of prior notification,and protect the right of the counterparty to make statements and defenses;strengthen the internal supervision of administrative reconsideration,effectively regulate the administrative privileges,and fully protect the legitimate rights and interests of the counterparty.In the judicial system,it is necessary to categorize the review standards on the basis of the existing legality review,and construct specific judicial review from the aspects of whether the main authority of the exercise of administrative privilege is legal,whether the purpose of the exercise is legitimate,and the necessity of exercising the limits.Standards,strengthen review efforts;in the current situation of insufficient theoretical research and lack of legislation,granting guidance cases to the actual source of law effectiveness;improving the professionalism of judges in administrative trials is an effective way to regulate administrative benefits.