Research On The Regulation Of Unilateral Rescission Right Of Administrative Organ In Administrative Agreement

In the administrative agreement,the unilateral rescission right of the administrative organ means that the administrative organ implements the administrative behavior by signing the administrative agreement with the administrative counterpart on the basis of mutual agreement in order to achieve the administrative goal.However,when there are some unavoidable reasons to terminate the administrative agreement in the process of performing the agreement,it is necessary to endow the administrative organ with a power to safeguard the public interest,which is the unilateral termination power of the administrative organ in the administrative agreement.In recent years,due to the actual needs of administrative management,administrative agreement has been widely used by administrative organs,and the scope of application of administrative agreement in China is also more and more extensive.Therefore,under the joint action of various factors,the enthusiasm of the administrative law circle for the study of administrative agreement is also growing.According to the existing research results,the research on administrative agreement mainly focuses on the development of administrative agreement theory itself.However,the research on the regulation of the unilateral rescission right of the administrative organ in the administrative agreement only stays in the category of the administrative preferential right,and does not specifically regulate the specific power of the unilateral rescission right of the administrative organ in the administrative agreement.This paper attempts to explore a practical and effective way to regulate the unilateral rescission right of administrative agreement through the research on the regulation of the unilateral rescission right of administrative organ in administrative agreement,combined with the existing theoretical knowledge and practical knowledge.In the second chapter,through the exploration of the origin and evolution of the administrative agreement,combined with the overseas investigation of the administrative agreement,this paper expounds the connotation and characteristics of the unilateral rescission right of the administrative agreement,and clarifies the theoretical basis of the unilateral rescission right of the administrative agreement.On this basis,combined with the reality of China’s economic and social development,this paper discusses the reasons for the introduction of unilateral rescission right of administrative agreement.The third chapter is mainly from two aspects to explain the problems existing in the unilateral rescission right of administrative agreement.The first is to analyze the problems existing in the legislative level from the problems existing in the legal provisions of the unilateral rescission right.Secondly,combined with the previous research results and specific cases,this paper discusses the problems existing in the specific application of unilateral rescission right of administrative agreement.As for the specific application,it mainly explains the problem from four aspects: the definition of public interest,the legal time limit for exercising the right of rescission,the administrative organ’s arbitrary explanation to the parties,and the current compensation and compensation standards are not clear.The fourth chapter focuses on the proposal of further standardizing and supervising the exercise of unilateral rescission right by administrative organs.On the basis of the problems mentioned above,it tries to find solutions or measures to solve the above problems.This paper roughly conceives a series of measures,such as regulating the unilateral rescission right of administrative agreement at the legislative level,limiting the exercise of the rescission right to the greatest extent through the hearing system,improving the judicial review mechanism of the court,establishing the compensation mechanism for the rescission of the agreement and trying to establish the punitive compensation system,in order to provide some ideas for regulating the exercise of the unilateral rescission right of administrative agreement.Since ancient times,the restriction and supervision of power has always been a headache for rulers and ordinary people.Since the birth of the concept of government,with the continuous expansion of government power,its control and supervision is also the focus of people’s daily concern and concern.There has been a heated discussion on the supervision and restriction of the unilateral rescission power of the administrative organ in the administrative agreement,especially in recent years,with the government streamlining administration and delegating power and increasing the supervision and control of the administrative organ power,this issue has become more urgent and important.Only when the power is locked in the cage of the system,can the administrative organs play a better role in management,build a better service-oriented government,and serve the people better.In the administrative agreement,the administrative organ and the administrative counterpart are in a relatively equal position,and they work together to achieve the administrative objectives.In this context,it is meaningful and promising to study the regulation of the unilateral rescission right of the administrative organ in the administrative agreement.