Judicial Review Research On The Right Of Unilateral Change And Termination Of Administrative Agreements

With the development of modern administrative law and administrative concepts,relatively cutting-edge requirements have been put forward for administrative agencies to achieve the goal of social management.With the development of service administration and payment administration theories,administrative agreements,as a new way for administrative agencies to safeguard national and public interests,and achieve social management goals,have changed the traditional mode of administrative command obedience.Their flexible management methods promote the participation of social capital in social management,improve administrative efficiency,and reduce the cost of social management.Empowering administrative agencies with the power to unilaterally change and terminate administrative agreements is a necessary means for them to better adapt to objective needs and safeguard public interests.In order to ensure that the administrative organ can achieve the social management goal of public interest,the current legal system gives the administrative organ the right to cancel and change the agreement only by its own declaration of will,and the purpose of this right is obvious.At the same time,based on the current legal system’s regulation of this right,through the analysis and summary of judicial practice cases,some suggestions for improving the judicial review of cases where administrative agencies exercise unilateral change rights are provided.The first part,by sorting out the concept and characteristics of administrative agreements,introduces the legal status of the unilateral change and termination right of administrative subjects in administrative agreements,which is an important part of the effectiveness of administrative agreements.This section mainly describes the characteristics of the unilateral change and termination right in administrative agreements.By distinguishing its differences from the change and termination right in civil law in the field of civil law,the connotation of the unilateral change and termination right in the field of administrative agreements is obtained.The second part,by organizing the cases,summarizes the current practice of the court in reviewing administrative agreement related determinations and judgments.At present,in the field of judicial review,based on the diversity of administrative agreements,the starting point and intended purpose of the administrative subject in exercising unilateral change rights are not the same,and there are multiple paths.Once again,based on the exercise of power in the public interest,the court strictly interprets the determination of public interest,and cannot solely rely on the public interest recognized by administrative agencies as the determination in the judicial field.The court adopts a cautious attitude in the determination of public interest,thereby ensuring the relative stability of the agreement and safeguarding the rights and interests of the other party.The third part,through the analysis of cases,reveals the problems that exist in the current judicial review practice when the administrative subject exercises the right to unilaterally change and terminate.The first is that the laws applicable to the exercise of this power by the administrative subject are different.The second issue is that there are different understandings of the conditions for determining the administrative priority right,and finally,there is a need to safeguard the rights of the relative party,How to ensure the contractual interests of the counterpart when the power is realized.The fourth part,based on the understanding of the extraterritorial judicial review model,obtains relevant reference experience to demonstrate the necessity and legitimacy of applying civil law in judicial review,as well as the basic rules and limitations of applying civil law.The review rules for the purpose and procedural elements of the exercise of administrative priority rights,and finally,the use of administrative compensation mechanisms to safeguard the rights and interests of the relative parties.