A Study On Unilateral Alteration And Cancellation Of Administrative Contract

Under the circumstance of legal administration, serving administration and participation in administration, using administrative contracts to achieve the purpose of administrative management has become an important way for our country to realize the transfer of administrative manners. An administrative contract possesses both administrative and contractual characteristics, and its commanding and compliance ability of administrative power is weakened because of its contractual characteristics, thus it has the effect of weakening the administrative power, but an administrative contract still holds the aim of implementing administrative management and realizing social public interests. Therefore, administrative subjects should possess administrative priority during the implementation of the administrative contract in order to achieve the purpose of administrative management and realize social public interests, thus it becomes the key issue to set up a rational system of administrative priority in the research of administrative contract theory and system. Among this, disputes and contradiction concerning the system of unilateral alteration and cancellation in the operating process is most frequent and serious, resulting from lots of unsolved problems in the system, such as lacked specific law principles, un-established power sources, unbalanced allocation of the rights and obligations of the contractual parties, unclear power body and condition limits, unsound dispute resolution mechanism about administrative contracts, absent administrative procedure legislation in regulating and controlling the system and so on.The author begins with administrative priority of administrative subjects by giving concept definition, nature analysis and type classification, and then comes to the key issue of this discussion:unilateral alteration and cancellation of administrative contracts. The paper discusses its concept, properties, types, as well as necessity and rationality systematically and deeply, gives a rational thinking and analysis on the problems existing in the system of unilateral alteration and cancellation on our country of administrative contracts, based on the introduction to overseas systems on unilateral alteration and cancellation of administrative contracts, finally puts forward the specific idea of resetting our country unilateral alteration and cancellation system of administrative contracts from entity and program two aspects, to achieve the reasonable construction of the system.