Study On The Relief Of Counterpart Rights In Administrative Agreement

With the continuous development of the market economy,the administrative field is also gradually expanding,and the administrative subject is increasingly unable to adapt to the needs of social governance only by relying on the traditional administrative acts.In the continuous development of the administrative legal system,the administrative agreement,as a new means of governance,is more and more widely used in the process of administrative management.Administrative agreement has the dual attributes of both administration and contract.The fundamental attribute of administrative agreement is the reason that administrative agreement belongs to the jurisdiction of administrative legal norms,and contract as the supplementary attribute of administrative agreement is the reason that administrative agreement can supplement the application of civil legal norms.Therefore,it is not enough to rely only on a single administrative legal norms or civil legal norms to remedy the relative rights of the administrative agreement.In the administrative agreement,the administrative subject party enjoys the administrative benefit right such as unilaterally exercising the right of alteration and dissolution.The strong position of the administrative subject in the administrative agreement makes the counterpart face greater risks than in the civil contract,so it is more necessary to protect the counterpart of the agreement and remedy the counterpart with damaged rights,so as to restore their derogatory rights.To optimize the rights of the administrative agreement of the relative person relief,the article in accordance with the "status quo analysis — — problems to solve the problem",with the Supreme People’s Court on some issues of administrative agreement case regulation(hereinafter referred to as the judicial interpretation of administrative agreement)as the research basis,combined with some practical cases,from the following four parts to discuss the administrative agreement should how right relief.Firstly,it discusses the relevant theory of administrative agreement.It is mainly divided into two perspectives.One is an overview of the administrative agreement.By clarifying the concept of the administrative agreement,the identification standard of the administrative agreement is analyzed,the attributes of the administrative agreement are discussed,and the dual attributes of the administrative agreement are clarified.The second is the theoretical overview of the relief of the counterpart rights of the administrative agreement,taking the content of the counterpart rights of the administrative agreement as the starting point,discusses the legal application mode of foreign countries and the characteristics of the counterpart rights relief of the administrative agreement in the administrative agreement litigation,and develops the legal analysis of the relief of the counterpart rights of the administrative agreement.Secondly,the importance of the administrative agreement,including the study of the administrative agreement and promoting the development of the administrative agreement,the paper analyzes the basis of the legal principle.Later,the shortcomings of the relative rights relief system of the administrative agreement are discussed.On the basis of combing the first two parts,this part leads to the deficiencies of the relief entity and procedure of the counterpart rights of the administrative agreement,and searches some practical cases to reflect the authenticity and practicality of the problem.These problems include the lack of procedural confrontation right of the counterpart of administrative agreement,the influence of the abuse of administrative benefit right on the right of the counterpart,the deficiency of the litigation remedy way of the counterpart of administrative agreement and the single way of non-litigation remedy.Finally,according to the problems pointed out in the third chapter,specific suggestions are put forward,including four aspects: granting the administrative counterpart the right of procedural confrontation,standardizing the exercise of administrative optimal benefit right,improving the litigation relief channels of administrative counterpart,and constructing diversified non-litigation relief channels of administrative counterpart.