行政协议中行政主体优益权内容的研究
发布时间：2018-11-26 09:48
【摘要】：2014年《中华人民共和国行政诉讼法》得以修改,2015年5月1日新修订的《行政诉讼法》正式颁布实施,明确将行政协议纳入受案范围。2015年5月1日最高人民法院又出台了《最高人民法院关于执行中华人民共和国行政诉讼法若干问题的解释》,进一步解释了行政协议的概念。这使得行政协议成为极有研究价值的领域,尤其是关于行政协议中行政主体优益权内容的相关研究。实践中各种类型的行政协议大量存在,行政主体在不同行政协议中或多或少会运用到行政主体优益权以维护公共利益。但因为理论界对行政协议中行政主体优益权内容研究不够深入,且我国立法也没有明确行政协议中行政主体优益权的内容,导致诸多问题无法解决。因此需要明确行政协议中行政优益权的内容。明确行政协议中行政主体优益权内容有助于行政协议制度的完善,也能更好地解决实践中大量存在的问题。本文分为五部分,以行政协议中具体应设定哪些法定行政主体优益权内容为研究重点。第一部分主要介绍选题意义、文献综述。第二部分主要介绍行政协议中行政主体优益权的一般理论,包括行政协议和行政主体优益权的概念,行政优益权的特征以及存在的必要性。第三部分重点分析立法和实践中行政主体优益权的现状,通过对我国不同位阶的法律进行梳理,以及对实践中不同行政协议文本的分析,总结出不同类型行政协议中存在的行政主体优益权,并得出行政协议中行政主体优益权内容存在的问题。第四部分分析两大法系代表国家行政主体优益权制度,以期找到可供我国借鉴的经验。第五部分,依据现状分析以及行政协议维护公共利益的价值取向,明确提出了我国行政协议中法定行政主体优益权内容。
[Abstract]:The Administrative Litigation Law of the people's Republic of China was amended in 2014, and the newly amended Administrative procedure Law of the people's Republic of China was promulgated and implemented on May 1, 2015. On May 1, 2015, the Supreme people's Court issued the interpretation of the Supreme people's Court on the implementation of the Administrative procedure Law of the people's Republic of China, further explaining the concept of administrative agreement. This makes the administrative agreement a very valuable field, especially the relevant research on the content of the administrative subject's beneficial right in the administrative agreement. In practice, various types of administrative agreements exist in large quantities, and administrative subjects are more or less used in different administrative agreements to protect public interests. However, the theoretical circle has not deeply studied the content of the administrative subject's superior interest right in the administrative agreement, and the legislation of our country has not made clear the content of the administrative subject's superior interest right in the administrative agreement, which leads to many problems that can not be solved. Therefore, it is necessary to clarify the content of the administrative superior right in the administrative agreement. It is helpful to perfect the system of administrative agreement and solve the problems existing in practice by clarifying the content of the superior right of the administrative subject in the administrative agreement. This paper is divided into five parts. The first part introduces the significance of the topic, literature review. The second part mainly introduces the general theory of the administrative subject's superior interest right in the administrative agreement, including the concept of the administrative agreement and the administrative subject's superior interest right, the characteristics of the administrative superior interest right and the necessity of its existence. The third part focuses on the analysis of legislation and practice of the status quo of administrative subjects, through the different levels of law in China, as well as the practice of the text of different administrative agreements analysis. This paper summarizes the advantages and interests of administrative subjects in different types of administrative agreements, and points out the problems existing in the content of superior rights of administrative subjects in administrative agreements. In the fourth part, the author analyzes the system of superior right of interest in the two legal systems, in order to find out the experience that can be used for reference by our country. In the fifth part, according to the analysis of the present situation and the value orientation of the administrative agreement to safeguard the public interest, the author clearly puts forward the content of the legal administrative subject's superior right of interest in the administrative agreement of our country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.1
本文编号：2358200
[Abstract]:The Administrative Litigation Law of the people's Republic of China was amended in 2014, and the newly amended Administrative procedure Law of the people's Republic of China was promulgated and implemented on May 1, 2015. On May 1, 2015, the Supreme people's Court issued the interpretation of the Supreme people's Court on the implementation of the Administrative procedure Law of the people's Republic of China, further explaining the concept of administrative agreement. This makes the administrative agreement a very valuable field, especially the relevant research on the content of the administrative subject's beneficial right in the administrative agreement. In practice, various types of administrative agreements exist in large quantities, and administrative subjects are more or less used in different administrative agreements to protect public interests. However, the theoretical circle has not deeply studied the content of the administrative subject's superior interest right in the administrative agreement, and the legislation of our country has not made clear the content of the administrative subject's superior interest right in the administrative agreement, which leads to many problems that can not be solved. Therefore, it is necessary to clarify the content of the administrative superior right in the administrative agreement. It is helpful to perfect the system of administrative agreement and solve the problems existing in practice by clarifying the content of the superior right of the administrative subject in the administrative agreement. This paper is divided into five parts. The first part introduces the significance of the topic, literature review. The second part mainly introduces the general theory of the administrative subject's superior interest right in the administrative agreement, including the concept of the administrative agreement and the administrative subject's superior interest right, the characteristics of the administrative superior interest right and the necessity of its existence. The third part focuses on the analysis of legislation and practice of the status quo of administrative subjects, through the different levels of law in China, as well as the practice of the text of different administrative agreements analysis. This paper summarizes the advantages and interests of administrative subjects in different types of administrative agreements, and points out the problems existing in the content of superior rights of administrative subjects in administrative agreements. In the fourth part, the author analyzes the system of superior right of interest in the two legal systems, in order to find out the experience that can be used for reference by our country. In the fifth part, according to the analysis of the present situation and the value orientation of the administrative agreement to safeguard the public interest, the author clearly puts forward the content of the legal administrative subject's superior right of interest in the administrative agreement of our country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.1
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1 刘妮丽;行政协议中行政主体优益权内容的研究[D];湖南师范大学;2016年
，本文编号：2358200
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