Unilateral Changes To The Administrative Contract With The Right Of Cancellation Research

With the development of market economy and the expansion of the field of administrative activities, more administrative contracts have been extensively used, thus disputes arising from administrative contracts have also been correspondingly increasing, one of which is the problem that administrators unilaterally change and cancel administrative contracts. In this paper, the right of unilateral change and cancellation in the administrative contract are its theme, and main problems existed in China's current system are studied. In addition to the introduction, this paper consists of three parts:Introduction mainly describes this research is not only helpful to improve the administrative contract system, but also to provide solutions for practice. Besides, it introduces the current research on this system and research methods and ideas of this paper.The second part mainly deals with the basic theory about the right of unilateral change and cancellation in administrative contracts. Firstly, the article defines the concept of the unilateral right to change and cancel administrative contracts. Secondly, it explores its jurisprudence, namely, administrative nature of administrative contracts and priority of public interest. Then the article makes study on the legal basis for the privilege by means of these two types that are administrative sanctions and the situation changed.The third part analyses problems of the right to unilaterally change and cancel administrative contracts in China and its causes. For these, this paper is analyzed from physical aspect and procedural aspect. The main problems and reasons of physical aspect are: the basic principle in administrative contract system is not clear, leading to confusion between public interest and private interest, and administrative contracts are not separated from civil ones; the power source of it is confused, the legislative is dispersed and does not form a unified system; allocation of rights and obligations is unbalanced, the existing system always relates to administrators'right of the unilateral change and cancellation, but rarely provides their procedural obligations and their the relative side's procedural rights; the scope of power is vague and it is difficult to effectively control the alienation of power; the resolution mechanisms for dispute are inadequate. Procedural drawback is the absence of procedural requirements of the right to change and cancel administrative contract unilaterally.The forth part provides corresponding solutions for issues raised in the third part. Theory comes from practice, but the theory is the leader of practice.We should constantly improve its theory in order to set up a better system of it. In this regard, typical model of this system and related theory have been learned from the abroad. This paper proposes to introduce lease culture to administrative contracts hormonally and establish affordable ideas of administrative contracts. The article talks from physical and procedural aspects, corresponding with part of the problem. Physical control of the right to change and cancel administrative contracts unilaterally is mainly discussed from the following aspects: firstly, special legislation should been made for a unified source of power; secondly, united principle should be established, namely, the priority principle of public interest and the principle of the protection of the relative side; thirdly, the allocation of rights and obligations should be rationalized; fourthly, the subject and conditions for the exercise of power should be defined in order to determine the criteria for judging the public interest; fifthly, the attribution mechanisms should be established so that responsibilities can be due to those responsible; sixthly, the dispute settlement mechanism should be adjusted, the arbitration system should be introduced, administrative review should be clear and the way of administrative litigation should be changed. Procedural regulation mainly deals with taking the system of agreed scheme, the system of being informed, hearing system, as well as a written system.