Research On Judicial Review Of The Exercise Of Preferential Rights In Administrative Agreements

As a contractual administrative means under the mode of cooperation between the government and social capital,administrative agreement not only highlights its advantages in improving the government's administrative effectiveness,reducing the national administrative cost and actively adjusting the order of social interests,but also promotes the reasonable division of labor between the government and social capital to undertake and perform public tasks together.Up to now,administrative agreement has become an important administrative mode for our government to realize social governance and public service.However,the administrative agreement should be adopted to complete the administrative tasks preset by the government and guide the administrative agreement to develop towards the administrative direction of ensuring the continuity of public services and improving the efficiency of social resource allocation.There must be a moderate,dominant and advantageous administrative power to complete the whole process of the administrative agreement,that is,the administrative priority right.However,as the administrative priority right is the extension of the administrative power in the public power,it is also mandatory and expansionary,so it is necessary to carry out limited supervision and control over its exercise,judicial review is an effective measure to prevent the executive branch from improperly exercising the administrative priority right.Based on this,the thesis will focus on the administrative priority right,according to the administrative priority right in administrative theory,through the case analysis prior right in administrative system in our country and face the reality of the problems,the causes of these problems.The thesis starts with the basic theory of administrative priority right,combs the academic research achievements related to administrative priority right,and expounds the connotation of administrative priority right.The purpose is to make clear that the existence of administrative priority right has the function of safeguarding public interest,realizing administrative management goal and state guarantee responsibility,and to put forward that cooperative state and consultative administration are the theoretical basis for exercising administrative priority right.The next step is to study the review of the right of the priority in the trial of administrative agreement cases from two aspects: On the one hand,it analyzes what role the administrative priority right can play in the identification of administrative agreement and whether it can be the key factor in the identification of administrative agreement.On the other hand,it is to study what problems exist in the judicial review of administrative priority right,and then to further explore the reasons for its existence from different perspectives in view of these problems.This is the center of the whole article and the root of solving problems.Finally,through the comparative analysis of foreign administrative agreement in the exercise of the administrative priority right of the status of judicial review,and combined with the national conditions of our country,from the summary of foreign experience to extract the results worthy of our country.This article puts forward some suggestions on the judicial review of the exercise of the right of priority in administrative agreement,and defines the principles of judicial review,the author puts forward some developmental expectations.