论行政合同中行政主体优先权-法律（非法学）专业论文.docxVIP

PRIORITY PRIORITY 1HEORY OF ADMINISTR AT]ⅣE BODY IN ADMINISTR ATIVE CONTR A CT AB STRACT As we all know，the world IS moving towards multipolarization．Whatever different countries may differ on national institutions，the vast majority of countries rely on the government to carry out the management．In recent years，with well-diversified means of govemment management，administrative contract as one of the means appears in the public view．The administrative contract has its own unique characteristics which makes it very different from other contract．one of the most notable features is that administrative subject has priority over the administrative relative person．The existence of administrative contract has a certain necessity．On the one hand，in order to maintain their own management needs，on the other hand，in order to better serve the needs of the people．The administrative relation is the unity of opposites．Administrative priorities are mandatory,administrative subj ect in order to achieve their own management needs，which is unique to the administrative subject． When using administrative priority,administrative subject takes private party in the administrative process as the object of action．Administrative contract must play its due role，which may help to make the social transformation and may be propitious to maximize the role of administrative fights in social governance．Overall，the development of China’S administrative priorities is not perfect．There is no formation of a complete system，making the actual operation exercise process are still a lot of problems to solve．As we all know,the administrative subject has a certain superiority¨and¨natural aggression¨than the administrative counterpart．China’S thousands of years of civilization history tells US that the greatest characteristics of¨ III 万方数据 administrative administrative power’is highly aggressive and expansive．Therefore，it must be restricted to prevent the negative impact of the administrative contract due to