Research On The Protection Of Third Party’s Rights And Interests In Government Franchise Agreement

As a typical administrative agreement,government franchise agreement mainly exists in the basic fields of municipal public utilities,infrastructure and natural resources development,and is closely related to the daily production and life of Chinese citizens.As the third party outside the government concession agreement,the third party plays a guiding role in the public interest purpose of the agreement,and its rights and interests are vulnerable to the damage of the administrative subject and the franchisee.In this paper,the third party of government franchise agreement is divided into the competition right at the conclusion stage and the consumer right at the performance stage.In practice,there are many problems in the protection of the third party.The administrative subject damages the fair competition right of the competition right holder.The procedure participation of consumer right cannot be implemented;In judicature,the qualification of plaintiff is difficult to determine;The administrative litigation involving the third party cannot effectively remedy its rights and interests;And it is difficult to get compensation for the damage of rights and interests.To solve the above problems,we should start from the system.To carry out the government’s guarantee responsibility,clearly define the basic procedural rights of the third party in the agreement,and determine the constituent elements of the "interests" of the third party in the agreement in judicial relief.To establish a preventive administrative litigation system for the right of competition;Administrative public interest litigation is applied to the consumer right of "collection type",and the state’s compensation responsibility is stipulated when the third party in the agreement damages,so as to realize the multi-level and systematic protection of the rights and interests of the third party in the government franchise agreement.