Research On Administrative Prior Rights System In The Acdministrative Agreement

As a new type of administrative management,the administrative agreement provides a platform for the public to participate in administrative management for the purpose of public interest and plays an important role in deepening the reform of China’s administrative system.The history of China’s administrative agreement system is no more than forty years,and although it has been developed in theory and practice,but there is still much to improve,especially when it comes to the prior rights of administrative subject.To study the prior rights of administrative subject in administrative agreement,the concept of administrative agreement should be defined.The administrative agreement is the agreement between the administrative subject and the counterpart of agreement to achieve the public interest.In academic circle,the main criterion of identification of administrative agreement are formal standard,substantive standard and the standard of prior right.The prior right of administrative subject means that in order to realize the goal of administrative management and the demand of the public interest,the administrative subject has some kind of coercive power in the administrative agreement,and the prior right of the administrative subject have the characteristics of the priority,mandatory and the unilateral meaning.The prior right of the administrative agreement is based on the administrative nature of the administrative agreement,and to protect the public interest,it is necessary to endow the administrative body with the prior right.By studying the current situation of China’s system of prior right of administrative subject,and teasing out the relevant provisions of our country’s laws,administrative regulations,rules and regulations on the administrative agreement,this paper holds that there are such legal problems in our administrative agreement as vague definition of power content,lack of procedural regulations and imperfect remedy system.Through the comparative analysis of the relevant provisions of the system of administrative prior rights in foreign countries,the following revelations are drawn: the provisions of the system of administrative prior right should be consistent with the national conditions;the system of administrative prior right should embody the rules of private law;the relief methods of the administrative superior right system should be diversified.To solve the problem of the ambiguity of the legal provisions of the content of the prior rights of administrative agreements in China,this paper holds that the law of our country should make clear the contents of the prior rights of the administrative agreements,including the choice of the relative human rights of the administrative agreements,the right to supervise and inspect the implementation of the agreements.Enforcement power,unilateral right to change or rescind and power of sanctions.To solve the problem of the lack of procedural norms of the superior right of benefit of administrative agreement in China,it should be standardized from three aspects: consultation system,notification and explanation system,and hearing system.The imperfection of remedies in the prior rights of the administrative subject should be perfected as soon as possible from the path of litigation and non-litigation,and a scientific and standardized relief system of prior rights of administrative subject should be established.