Research On The Legal Regulation Of Administrative Prior Rights In Administrative Agreement

In the context of building the rule of law and service-oriented government,administrative agreements are widely used in public service areas such as public works construction and municipal public utility concessions.In both civil law and common law systems,the system of administrative rights of merit has been fully developed.In contrast,the research and development of administrative rights of merit in China has lagged behind and is relatively imperfect.In order to effectively bring into play the effectiveness of administrative agreements and realize administrative purposes,we need to improve the system of administrative rights of merit by thoroughly analyzing the theory,practice and system,and appropriately drawing on the mature theory and advanced experience and practices of France and Germany.The right of administrative preference is the compulsory power of the administrative subject to protect the public interest in the process of concluding and performing an administrative agreement,which is unilateral and mandatory for the counterpart.The existence of the right of administrative preference is unique and justifiably necessary.At present,China’s administrative right of merit is still relatively weak,and there are many shortcomings in the process of exercise,involving administrative right of merit laws and regulations and local government regulations,the hierarchy is disorganized,the scope of adjustment is narrower,the standard is uneven,and the administrative organs do not regulate the exercise of right of merit in accordance with the law by way of action and inaction to the detriment of the legitimate rights and interests of administrative counterparts,etc.This has restricted the role and effectiveness of administrative right of merit in the process of administrative practice activities.The exercise of the right of administrative benefit requires a clear jurisprudence basis,improved legal provisions,regulation and supervision of the conduct of the right of administrative benefit in administrative agreements,and improved remedies for disputes,providing new ideas for the protection of the legitimate rights and interests of the opposite party.Putting "alternative dispute resolution mechanisms in front" is an inevitable requirement for innovative methods of social governance in the context of the new era.The court is the last line of defence in safeguarding public interests and protecting the legitimate rights and interests of the counterparts to administrative agreements,and has the sacred duty to uphold social justice.Through perfect legal regulation,the public interest and private interests can be balanced as far as possible to promote the good development of the administrative agreement system.