On Judicial Review Of The Right Of Unilateral Change In Administrative Agreement

In 2014,the Administrative Procedure Law of the People's Republic of China changed for the first time in 24 years,in which administrative agreements such as government franchise agreements and house expropriation compensation agreements were explicitly included in the scope of administrative litigation.Further stipulating the concept and legal responsibility of the administrative agreement,which makes the administrative agreement once again aroused the concern of the academic circles and become a valuable research field.Among them,the study of the superiority and right of administrative subjects in administrative agreements has increased,and the study of the right of unilateral change in one of the superiority and right of the administrative agreement has begun to appear.However,due to the shallow research in the theoretical circle,there is no legislation in our country.Sound regulatory mechanisms and judicial review systems still have deficiencies in judicial practice.This article is divided into five parts,focusing on the judicial review proposal of unilateral change right of administrative agreement.The introduction part mainly introduces the issue and significance of the judicial review of unilateral change right,expounds the research status quo of this issue in our country,and lists the main contents of the study and the main research methods adopted.The second part mainly introduces the relevant theory basis of the unilateral change right of the administrative agreement,including the concept,source,characteristic and scope of the unilateral change right of the administrative agreement.First of all,it introduces the definition of the unilateral change right in the administrative agreement and explores the source of the unilateral change right.Second,it discusses the characteristics of the legal basis,that is,the coexistence of the administrative and the contract,the priority of public welfare and the principle of the change of circumstances.Finally,according to the existing legislation,Unilateral modification of the agreement to define the criteria for collation.The third part focuses on analyzing the status quo of the unilateral change right in the administrative agreement in the legislative and judicial practice.Through the compilation of typical cases and the statistic and statistics,the problems and deficiencies in the unilateral change right are sorted out.According to the summary of the typical case of the unilateralchange right in the administrative agreement in judicial practice,we find that at the legislative level there exists such problems as the source of power is unclear due to the lack of substantive law,the administrative procedure law is absent,and the current legislative level is not high.At the judicial level,Review the legitimacy of the unilateral change right in the administrative agreement,the different standards for unilaterally changing rights,the limited types of judgments,and the unclear liability of indemnification and compensation.In the fourth part,through the analysis of the value orientation of the judicial review of the unilateral change right of the administrative agreement,the fourth part makes the choice of our country's direction of the review.In judicial practice,there exist the value orientation of France based on the public interest,the value orientation of Germany based on the agreement and the value orientation of the UK emphasizing the balance of interests between the two parties.Through reference to the outstanding experience,the unilateral change of our country in the administrative agreement The choice of the direction of the judicial review of the right,that is,we must learn from the French model,but also with reference to the German model,to seek judicial review of China's judicial practice direction,including the three aspects of formal examination,substantive examination and compensation and compensation issues.The fifth part is based on the analysis of the status quo put forward the corresponding judicial review of the proposal,our country administrative agreement unilateral change of rights of judicial review put forward my own humble opinion.First,the legitimacy of the review as the main line to build legal review and reasonable review of both mechanisms;second,a clear legal application;third,to increase and improve the type of judgment;fourth,a clear compensation and compensation responsibilities;fifth,Introduce the conciliation system pertinently;Sixthly,the distribution of the burden of proof.