On The Judicial Review Of Administrative Privileges In Administrative Agreements

Modern society,the transformation of government functions,the establishment of a service-oriented government,make the status of administrative agreement manifest.In order to safeguard the public interest,the administrative subject enjoys the right of administrative superiority in the process of fulfilling the agreement.That is,the agreement can be unilaterally changed or cancelled.In practice,it is easy to cause conflicts between the realization of public interests and the protection of private legitimate rights and interests.Therefore,it is particularly necessary to strengthen and improve the judicial review of administrative preferential rights in administrative agreements.First of all,we should establish an effective judicial review system in theory.It not only determines the conditions for the exercise of the administrative preferential benefit right through the public interest of the entity,but also regulates the administrative preferential benefit right through the procedure.Secondly,in practice,on the deficiency of judicial review of administrative preferential rights.Establish the principle of legality and rationality of judicial review of administrative preferential rights,the conditions and exercise procedures of judicial review,improve the remedies for the rights of the counterpart,achieve the balance between public interests and personal interests,and achieve the purpose of concluding administrative agreements.