Research On Legal Issues Of Unilateral Modification And Termination Of Expropriation And Compensation Agreement

Expropriation and compensation agreement is a special administrative agreement with Chinese characteristics.However,there are still procedural and substantive problems in the right of unilateral modification,whether it is exercised by the administrative organ or reviewed by the judicial organ.Such right is easy to be abused because of its public power background.According to the typical cases of administrative agreements issued by the Supreme People’s Court in May 2021,more than half of its number are expropriation compensation agreements,which makes it of great importance in administrative agreements.This paper mainly makes the following discussions: Firstly,the regulations of the right of unilateral modification in expropriation and compensation agreement are not clear due to the legislation limits;Secondly,the ambiguity of the public interest involved in the expropriation and compensation agreement results in inconsistencies in its application.If the connotation of public interest is put in the expropriation and compensation agreement,should such factors as excessive area for compensation,excess quota of population settled,and changes of compensation criteria in expropriation be recognized as public interests when exercising the right.Yet,there are two kinds of public interests to be considered in the right,and it’s necessary to make a scientific balance between the two relationships.Thirdly,the procedural provisions for exercising the right are not perfect,and the notification procedure and hearing procedure need to be further improved.Fourthly,expropriation means the concession of private interests to public interests.when the exercise of the right is over,it is necessary to make the regulations for the remedies of the expropriated rights.This paper will discuss the definition of the public interest in the expropriation and compensation agreement,the conditions for exercising the right of unilateral modification,the judicial review standards for the unilateral modification and rescission agreement,and the remedies after the modification and rescission is over,with the purpose of regulating the exercise of the unilateral modification right in the expropriation and compensation agreement.