Judicial Review Of The Unilateral Termination Right Of Administrative Agreement

As a special agreement,administrative agreement is not only contractual,but also administrative.Therefore,the unilateral termination right of administrative agreement has caused many disputes in theoretical research and related practice.Although the Supreme People’ s court has issued the provisions of the Supreme People’s Court on Several Issues concerning the trial of administrative agreement cases(hereinafter referred to as the“provisions of the agreement”)for the judicial review of the power of unilateral termination of administrative agreements,which has made many refinements on relevant aspects.However,due to the complexity of power itself and the lack of relevant norms,the people’s court still faces many problems in its judicial review.The power of unilateral termination of administrative agreement is to achieve the goal of the government to realize administrative management or public service through administrative agreement.Under specific circumstances,based on the maintenance of national interests and social public interests,it gives the administrative organ the “ privilege” to unilaterally terminate the legal relationship of administrative agreement.As a kind of“ high power behavior”,this privilege has the characteristics of monopoly of power subject,unilateral power will,formative power and censorship of power.Considering the contractual nature of the administrative agreement,the privilege also has the characteristics of contract and compensation.The judicial review of the power to unilaterally terminate the administrative agreement refers to the legal activity that the opposite party of the administrative agreement believes that the exercise of the power to unilaterally terminate the administrative agreement is illegal,applies for administrative litigation,and the people’s court makes an intermediate trial on the administrative litigation case.The judicial review of the unilateral termination right of the administrative agreement is necessary to ensure the integrity of the administrative judicial power of the judicial organ.It can reduce the cost of safeguarding the rights of the counterpart of the administrative agreement,enhance the fairness of the results of safeguarding the rights,improve the judicial credibility,and safeguard the basic rights and interests of the counterpart of the administrative agreement,which is of great significance to the development of the administrative agreement system.Through the analysis and summary of the relevant trial cases of the right to unilaterally terminate the administrative agreement in recent five years,it can be found that there are some problems in the current judicial review of the right to unilaterally terminate the administrative agreement,such as the vague standard ofjudicial review of the exercise conditions of power,the confusion of the nature of the right to unilaterally terminate the administrative agreement,the lack of procedural judicial review of the right to unilaterally terminate the administrative agreement The application of compensation for unilateral termination of administrative agreement is not clear.By summing up the successful experience abroad,we can put forward the judicial review standards of the conditions for the exercise of power,the application of civil legal norms,strengthen the contractual review,strengthen the procedural judicial review of the unilateral termination right of administrative agreement,and clarify the applicable standards of compensation for the unilateral termination right of administrative agreement,Improve the judicial review of the power of unilateral termination of administrative agreements and promote the operation of power on the track of the rule of law.