Research On The Regulation Of Unilateral Cancellation Right Of Administrative Agreement

In recent years,with the advancement of democratic politics,administrative agreement has been widely used in a large number of administrative activities.As the privilege of administrative organs,the unilateral cancellation right has attracted more and more attention.In judicial practice,there are frequent cases about the unilateral cancellation right of administrative agreement.Regulating the unilateral cancellation right of administrative agreements plays an important role in solving disputes in judicial practice,protecting public interest and promoting the construction of a country ruled by law.The Judicial Interpretation of Administrative Litigation has made relevant provisions on the procedures,authorities and methods of exercising the unilateral cancellation right,and has achieved certain results in practice,but there are still insufficient regulations on the unilateral cancellation right,which need to be improved urgently.Starting from the existing theoretical research on the unilateral cancellation right of administrative agreement,this paper defines the basic theory of administrative agreement and the unilateral cancellation right of administrative agreement,and leads to the main line of the elements of exercising the unilateral cancellation right by administrative organs,that is,in line with the principle of proportion and the principle of good faith,with substantive conditions,in line with procedural norms,and ensuring the relief of the rights of the opposite party.Combined with the typical judicial cases in the current judicial practice,this paper summarizes the problems in the exercise of the unilateral cancellation right of administrative agreement.First,it violates the principle of proportionality and the principle of good faith in the exercise of the unilateral cancellation right.Second,in terms of substantive conditions,there are problems of vague definition of public interest,inconsistent characterization of administrative agreements,weak protection of the rights of the opposite party,and confusion between the unilateral cancellation right and the contract cancellation right.Third,in terms of procedure,there are problems of non-standard exercise of rights,low degree of information disclosure and low degree of public participation.Fourth,There are some problems in the right relief,such as the fuzzy standard of compensation and the imperfect way of relief.After analyzing the causes of the problems in the exercise of the unilateral cancellation right one by one,this paper puts forward the regulation path.First of all,we should clarify the principle of exercising the unilateral cancellation right,strengthen the review of the application of the principle of proportionality,and adhere to the principle of good faith.Secondly,we should clarify the substantive conditions for the exercise of the unilateral cancellation right,scientifically define the public interest,unify the identification standard of administrative agreement,strengthen the protection of the opposite party’s right and the application of the contract cancellation right.Thirdly,we should strengthen the procedural regulation of unilateral cancellation right,speed up the formulation of administrative procedure law,realize all aspects of information disclosure,improve public participation,establish hearing system and apply avoidance system.Finally,we should strengthen the relief path,substantiate the compensation standards,improve the existing litigation relief path,and create a diversified non-litigation relief path.