Judicial Review Of Administrative Agreement’s Unilateral Right To Discharge By Administrative Authority

The unilateral termination system of administrative agreement is the product of the cross between public and private law.As a type of administrative advantage right,it has the dual attributes of administration and agreement.France and Germany,as the ancestors of the administrative agreement system,have clearly stipulated the unilateral rescission right in their legislation.China’s Administrative Procedure Law in 2014 included the single dissolution of executive agreements within the scope of accepting cases,and the Judicial Interpretation of Administrative Proceedings in 2015 established the conditions for the exercise of unilateral rescission.In 2019,the Provisions of the Supreme People’s Court on Several Issues concerning the Hearing of Administrative Agreement Cases further specified the conditions,exercise procedures,legality review,and adjudication methods of the right to rescind.With the promulgation of the above legal provisions,some problems of unilateral cancellation right of administrative agreement in practice have been alleviated,but there are still relatively large disputes on the constituent elements of public interest,the exercise procedure of unilateral cancellation right,which laws are applicable,and whether the legality review should be carried out in the action of performance,thus affecting the effectiveness of judicial review of unilateral cancellation right of administrative agreement.The deficiency of judicial review also makes the legal rights and interests of the counterpart can not be guaranteed.In order to standardize the judicial review of cases concerning unilateral termination of administrative agreements,it is necessary to define the constituent elements of public interests by limiting the conditions for administrative subjects to exercise public interests and standardizing the basic principles followed by judicial organs in review,and to clarify the scope of procedural review by standardizing the requirements for administrative power exercise procedures in judicial review.By constructing the path of contract priority review and referring to the applicable civil law norms,it is necessary to alleviate the confusion of the basis of exercise.At the same time,through improving the legislation and guidance case system,further establish the legality review of the action of performance,and finally build a relatively complete judicial review mode.