On The Judicial Review Of Administrative Priority Rights In Administrative Agreements

With the development of the rule of law in our country,the role of the administrative subject has changed from the "command-oriented government" to the "service-oriented government",and the administrative agreement,as a method of the public service-oriented government to manage the society,is generally favored and used by the people,which is the product of the combination of "public law" and "private law" and has the characteristics of both administration and agreement.The conclusion of administrative agreement embodies the coexistence of public interests and private interests,and the coexistence of public interests and private interests will inevitably lead to the problem of interest conflict.From the purpose of protecting the public interest,the current laws and regulations of Our country entrusts the right of administrative superiority to the administrative subject.At present,the research on the right of administrative preferential interest is in the stage of exploration and theory formation,and the content of the research mainly focuses on the conditions,limits and legal regulations of the right of preferential interest.This article will analyze the current situation of the judicial review of the administrative subject’s exercise of the right of administrative preference from the two aspects of the basic theory of law and judicial practice,and summarize the following defects of the judicial review system of the right of administrative preference in our country:（1）Lack of systematic and comprehensive legal basis of judicial review.（2）The standards for judicial review of the conditions for exercising the right of administrative preference are vague.（3）Lack of judicial review of the procedure for exercising the right to administrative preferences.（4）The application of law in the judicial review of administrative preferential rights is not clear.（5）The current judicial review mechanism of administrative compensation liability is not perfect.In order to solve the above problems,on the one hand,based on the actual situation of our country’s judicial review of the exercise of the right to administrative preferences,on the other hand,with the help of the legislation and practical experience of other countries,the following solutions are given:（1）Enrich the legal basis of judicial review.（2）Clarify the standards for judicial review of the conditions for exercising the right to administrative preferences.（3）Tighten the judicial review of the procedures for exercising the right of administrative preference.（4）Clarify the rules for the application of law in judicial review.（5）Improve the judicial review mechanism for administrative compensation liability.（6）Releasing administrative guidance cases.