On The Exercise Of The Right Of Unilateral Change And Cancellation Of Administrative Contract

Content:Since the reform and opening up,the economy has been growing rapidly,the sense of democratization has been strengthened,and the mode of government management is also changing.The government has changed from "management-oriented government" to "service-oriented government".The government is no longer "rigid law enforcement",and takes "flexible management" as the main administrative means.Taking this opportunity,the administrative contract with dual attributes of administration and contract emerges as the times require.With the wide application of the administrative contract,the administrative organ applies the unilateral change of the administrative priority right to terminate the contract,which damages the rights and interests of the parties to the contract and greatly damages the credibility of the administrative organ.There is no unified legislation,no administrative contract law,and limited provisions for specific guidance in China.Although the interpretation of the application of some issues in the administrative procedure law of the People’s Republic of China stipulates the conditions for the administrative subject to exercise the right to unilaterally modify or terminate the administrative contract,and establishes the requirements of public interest and other legal standards.But under what circumstances,there is no clear provision.The bottom-up clause leaves room for discretion and legal loopholes for the administrative subject when performing official duties.Although the newly promulgated Administrative Procedure Law includes administrative agreement into the scope of accepting cases,in practice,some courts accept administrative cases according to civil cases,while others accept administrative cases according to administrative cases.As a result,the basis of trial,applicable rules and trial results are not consistent,which makes it difficult for the parties to be satisfied and causes great repercussions and disputes in society.Some people will feel that the handling is unfair,No longer trust the government.It can be seen that the correct exercise of the right to terminate the unilateral change of administrative contract is particularly important.Proper exercise will help to promote the construction of social rule of law and "service-oriented" government.Wrong exercise will damage the credibility of the judiciary and waste public resources.This paper mainly includes four aspects.The introduction mainly introduces the theoretical and practical significance of the research on the unilateral change and rescission right of administrative contract,the current situation of the research on the unilateral change and rescission right of administrative contract,and the research methods and ideas used in this paper.The first part is mainly for the administrative organs in the unilateral change of the right to terminate the administrative contract in the exercise of the dispute case analysis,and put forward problems.The second part is the theoretical interpretation of the system of unilateral change and rescission right of administrative contract.Firstly,it explains the concept and nature of the system of unilateral change and rescission right of administrative contract,then introduces the characteristics and types of unilateral change and rescission right of administrative contract,and then explains the effective elements of the exercise of unilateral change and rescission right of administrative contract,Finally,the theoretical basis of the right of unilateral change and rescission of administrative contract is expounded.The third part is a detailed description of the problems existing in the exercise of unilateral change and rescission of administrative contract in China,including academic theory,practice and procedure.The fourth part mainly puts forward the improvement countermeasures for the existing problems of unilateral change and rescission right of administrative contract in our country,analyzes the typical mode of administrative contract in foreign countries,and then uses the legal system suitable for our country according to our country’s national conditions,combined with our country’s laws and regulations.The government is carrying out the reform of "decentralization,management and service",and the administrative contract plays an increasingly important role in China’s administrative activities.It can be said that the administrative contract is the inevitable result of meeting the public’s right to participate in social governance and public resource sharing after the rapid development of economy and society.It is also the embodiment of the development concept of modern social service management and payment management.The improvement of the system of unilateral alteration and rescission of administrative contract has become the core issue of the theory and system of administrative contract,and the research on this issue has theoretical and practical significance.