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Judicial Review Of The Unilateral Alteration And Dissolution Of The Administrative Agreements By Administrative Organs

Posted on:2024-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2556307121481204Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative agreements,agenda administrative contracts,agreements with rights and obligations in administrative law concluded by substantive administrative organs or units entrusted by administrative organs through consultation with citizens,legal persons or other organizations in order to achieve administrative management or public service objectives.With the change of government functions and the gradual evolution of public law and basic theory of administrative law,the administrative model of traditional "command-obedience" has gradually moved towards the equal model of equal negotiation between the two parties.However,the unilateral change and termination of the administrative agreement are the privileges enjoyed to achieve the purpose of administrative management behind the administrative agreement or the purpose of public service.There are problems such as fuzzy standards for unilateral changes and behaviors of unilateral changes,dismissal conditions,lack of review of procedures,unknown review of the application of public and private law,and the blurring of compensation rules after the administrative agreement are lifted.Unilateral changes and the dilemma of judicial review of administrative behaviors should be typed types of administrative agreements involved in changes and relief behaviors,so as to clarify the conditions for exercising the right to exercise and termination,to clearly define the connotation of "public interests",and at the same time pay attention to exercise to exercise The substantial review of the procedure and procedural review are processed together,distinguish the review,clarify the application of public and private law for judicial review,and finally,the standards for compensation for compensation for standardization and practical compensation.As a result,the relatives of administrative subjects and administrative agreements are in the mode of "structural balance",and the application of unilateral changes and relief rights is effectively regulated.This article discusses from four aspects: First of all,the basic theory of unilateral changes in administrative agreements and judicial review of administrative agreements,including the definition of administrative agreement,scope of administrative agreement,unilateral changes in administrative agreement,theoretical basis for lift judicial review,and administrative administration A comprehensive research and analysis of the need to change the unilateral change and the need to terminate the judicial review,etc.,laid the foundation for the judicial review of the unilateral change and the right to terminate the right to deepen the administrative agreement.Secondly,this article adopts an empirical analysis method to in-depth reflection on the current changes in unilateral changes in my country’s administrative agreement,the legislative and judicial status of judicial review of rights,and comprehensively sort out existing problems,and analyze the reasons for its existence.Thirdly,in-depth research on my country’s current unilateral changes and the rules of judicial review of the right to relieve rights,and analyze the problems of unilateral changes in administrative agreements and the existence of judicial review of the right to lift the right to judicial.And the application of public and private law is unknown,coupled with the problem of blurating the compensation system.Finally,in response to the specific problems of unilateral changes in my country’s administrative agreement and the existence of judicial review of the right to lift the right to the right to lift the right to judicial review,in combination with my country’s basic national conditions,study and learn from foreign unilateral changes and lift the judicial review of rights,and propose to type the administrative agreement and clearly change the change of change.,Conditions for the exercise of the right to terminate,distinguish the review,establish a clear principle of application for the application of public and private law,the principle of "financial revenue and expenditure balance",and further implement the compensation and compensation system to promote the better integration of the administrative entity into the market.Improve government governance capabilities and improve the quality of public services.
Keywords/Search Tags:Administrative Agreement, Unilateral Changes, Relief Behavior, Judicial Review
PDF Full Text Request
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