Judicial Review Of The Unilateral Termination Right Of Administrative Subject In Administrative Agreements

Administrative agreements are administrative and consensual contracts signed by administrative agencies with citizens,legal persons,and other social organizations to achieve administrative management and provide public services.Unlike traditional high power administration,administrative agreements are a new type of administrative means that creatively combines public law administrative factors and private law contractual factors.They provide a relatively equal dialogue platform for both parties to the agreement,allowing administrative counterparts to engage in equal dialogue and reach consensus with administrative agencies.However,the administrative organ is always the representative of the public interest,and the administrative agreement is a rational choice made by the administrative organ to optimize the administration and improve the efficiency of public services after reviewing the existing governance tools.So when special circumstances arise,such as negligence and loopholes in the agreed content of administrative agreements or deviations in the process of agreement performance,resulting in the failure of administrative agencies to achieve social governance through administrative agreement means,administrative agencies should be given the power to terminate administrative agreements to return their operation to the track of promoting public interests.This is also the inherent meaning of the administrative nature of administrative agreements.In order to regulate the exercise of unilateral termination rights by administrative subjects,current laws clearly stipulate the conditions for their exercise,and there are also abundant theoretical research results on the determination of their nature.However,there are still many problems in trial practice,such as confusion in the application of public and private law termination rules,unclear standards for public interest review,lack of procedural review rules,and unclear compensation rules leading to compensation virtualization.The reason for this is that different administrative agreements contain different connotations of public interests,resulting in different effectiveness of administrative power in different administrative agreements.In judicial practice,there is a confusion between the types of administrative agreements and the types of unilateral termination rights in the review of unilateral termination rights in administrative agreements.The indiscriminate single review rule is the root cause of the current judicial review dilemma.To address the above issues,this article will categorize the unilateral termination rights of administrative agreements from two perspectives: administrative agreements and unilateral termination rights of administrative entities,and propose suggestions for improving judicial review rules from the perspective of categorization.Specifically,the substantive review rules for unilateral termination rights of administrative subjects have been improved,and procedural review rules for different types of unilateral termination rights have been creatively proposed.On this basis,the scope of compensation has been clarified to better guide the judicial review of unilateral termination rights of administrative subjects,thereby more effectively supervising the exercise of unilateral termination rights of administrative subjects and protecting the legitimate rights and interests of the parties to the agreement.