作为特许人的行政主体与“受许人的对象人”之间关系的变迁及价值

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June 2019

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Citation: Yi ZHAI. The Transition of Relationship and Value between the Administrative Subject as Franchisor and the Object of Franchisee[J]. Academic Monthly, 2019, 51(6): 78-93. shu

The Transition of Relationship and Value between the Administrative Subject as Franchisor and the Object of Franchisee

Yi ZHAI

Abstract

It is an important new subject of administrative law to ensure that the administrative subjects perform their due duty, administrate according to law and supervise them effectively in the whole process of administrative franchise of public-private cooperation. Under the normal running state of the administrative franchise, the administrative subject as franchisor exerts a similar right and obligation to the franchisee, thus producing the effect of the administrative factual act to " the object of franchisee”; administrative subject giving the public property name to the matter of the franchise legal relationship has the effect of the factual act towards " the object of franchisee”; administrative subject who discloses the information of " the object of franchisee” will lead to the consequence of the factual act. Therefore, the nature of the relationship between " administrative subject” and " the object of franchisee” is " indirect relationship”. When the administrative subject takes over the administrative franchise because it is hard to operate continually, the indirect relationship between administrative subject and " the administrative counterpart” which changes himself from " the object of franchisee” is " the administrative legal act relationship”. Based on the theory of process, the study about the transition of relationship between them has many practical values, including urging administrative subject to perform their official duties according to administrative legal action in the " factual act relationship” phase of administrative franchise, promoting the administrative subject to fulfill entity responsibility in the normal running stage and providing new thought for administrative litigation technology related to administrative franchise. Through the grasp and application of relevant processes, citizen social rights can also be better realized.
- administrative subject,
- administrative franchise,
- administrative process theory,
- the object of franchisee,
- citizen social rights
References
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沈阳化工大学材料科学与工程学院沈阳 110142

The Transition of Relationship and Value between the Administrative Subject as Franchisor and the Object of Franchisee

Yi ZHAI

Available Online: 2019-06-01

Abstract: It is an important new subject of administrative law to ensure that the administrative subjects perform their due duty, administrate according to law and supervise them effectively in the whole process of administrative franchise of public-private cooperation. Under the normal running state of the administrative franchise, the administrative subject as franchisor exerts a similar right and obligation to the franchisee, thus producing the effect of the administrative factual act to " the object of franchisee”; administrative subject giving the public property name to the matter of the franchise legal relationship has the effect of the factual act towards " the object of franchisee”; administrative subject who discloses the information of " the object of franchisee” will lead to the consequence of the factual act. Therefore, the nature of the relationship between " administrative subject” and " the object of franchisee” is " indirect relationship”. When the administrative subject takes over the administrative franchise because it is hard to operate continually, the indirect relationship between administrative subject and " the administrative counterpart” which changes himself from " the object of franchisee” is " the administrative legal act relationship”. Based on the theory of process, the study about the transition of relationship between them has many practical values, including urging administrative subject to perform their official duties according to administrative legal action in the " factual act relationship” phase of administrative franchise, promoting the administrative subject to fulfill entity responsibility in the normal running stage and providing new thought for administrative litigation technology related to administrative franchise. Through the grasp and application of relevant processes, citizen social rights can also be better realized.