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行政机关作为最重要的行政主体,依法实施国家行政管理职能,对社会公共事务进行管理,并提供社会公共服务,人们往往会强调行政机关的行政权力,却容易忽略其行政权利,但是随着社会与经济的发展,行政机关不仅执行行政管理职能,也越来越多地参与社会经济活动,这时,行政权利的作用便突显出来,行政合同是行政机关享有并行使行政权利最好的体现,而由于行政机关的法律地位远远高于相对人,实践中会存在行政机关滥用行政权利的现象,因此要对行政权利的行使作必要限制,以保障相对人的合法权益。本文从行政合同入手,对行政机关的行政权利进行论述。
As the most important administrative body, administrative organs carry out the functions of state administration according to law, manage social public affairs and provide social public services. People tend to emphasize administrative power of administrative organs, but they are easy to overlook their administrative rights. However, with the development of society At the same time, with the development of economy, the executive organs not only perform administrative functions but also participate more and more in the social and economic activities. At this time, the role of administrative rights is highlighted. Administrative contracts are the best manifestation of administrative powers to enjoy and exercise executive power. However, as the legal status of the administrative organ is much higher than that of the relative, there will be a phenomenon that the administrative organ abuse the administrative power in practice. Therefore, it is necessary to restrict the exercise of the administrative power in order to protect the legitimate rights and interests of the relative. This article starts from the administrative contract and discusses the administrative rights of the administrative organ.