Research On The Regulation Of Administrative Preferential Rights In Administrative Agreements

In recent years,under the guidance of the concept of streamlining administration and delegating powers and building a service-oriented government,the new era of government management is more flexible and flexible,and administrative agreements have been widely used by administrative entities and have gradually shown certain advantages.As a new management method for administrative subjects to achieve their specific administrative purposes,administrative agreements have both the administrative compulsory color of public law and the color of equality in private law.In administrative agreements,the administrative subject unilaterally enjoys administrative privileges.The embodiment of the public law color of administrative agreement.The core of the starting point for administrative subjects to exercise administrative preferential rights is to achieve specific administrative purposes and realize the protection of public interests.However,due to the lack of regulation,many problems have arisen in the exercise of administrative preferential rights in administrative agreements.By studying the concept and specific manifestations of administrative preferential rights,and grasping its characteristics,it can be known that administrative preferential rights,as a special power unilaterally enjoyed by administrative subjects,are mainly manifested in the power to select administrative counterparts,the right to unilaterally change and terminate,and The right to supervise and guide,the right to sanction for breach of contract,the right to enforce,etc.,the exercise of administrative preferential rights must be based on the need to safeguard the public interest.However,through the analysis of the specific provisions of the administrative preferential rights in the administrative agreements involved in the existing legal norms and the status quo of the exercise of the administrative preferential rights reflected in judicial cases,it is found that the main problems are: the principle of the exercise of administrative preferential rights is unclear,leading to The administrative subject lacks a basis for exercising discretionary power without specific legal provisions;the public interest in the exercise conditions is not clearly defined,resulting in the administrative subject's exercise of administrative preferential rights that does not meet the requirements of public welfare or damages the trust and interests of the administrative counterpart;The procedure is unclear,which leads to the administrative subject's exercise of administrative preferential rights that does not meet the requirements of due process principles in the field of administrative law;the consequences of the exercise include the consequences of legitimate exercise and unclear responsibilities for illegal exercise,leading to administrative subjects' negligence in exercising administrative preferential rights and abuse of administrative advantages in practice.Benefit rights are more frequent,and it is difficult for administrative counterparts to receive comprehensive compensation and compensation for their damaged interests.The reason for the above problems is due to the imperfect regulation of administrative privileges by legislation.Therefore,in order to regulate the exercise of administrative preferential rights,legal norms should regulate the exercise of administrative preferential rights in administrative agreements from the following perspectives: clarify the basic principles to be followed in the exercise of administrative preferential rights in administrative agreements,including the principle of priority of public interest,The principle of legality,the principle of proportionality;through the joint cooperation of the legislature,the judiciary,and the administrative agency,scientifically define the public interest in the conditions for the exercise of administrative privileges;add procedures to promote equal exchanges between the two parties and procedures to limit the abuse of power to improve Procedures for the exercise of administrative preferential rights;clarify the scope of compensation for the damages caused by the administrative subject's exercise of administrative preferential rights to the administrative counter party.Solving the above problems is conducive to perfecting the regulation of administrative preferential rights in administrative agreements by our country's legislation,guaranteeing the standardized exercise of administrative preferential rights,and helping to achieve a balance between safeguarding public interests and the private interests of administrative counterparts,and at the same time promoting the system of administrative agreements in our country.Healthy operation.