On Unilateral Rights Of Rescission Of Administrative Subjects In Administrative Agreements

Through summarizing the practice of administrative agreements in various countries,it is found that signing administrative agreements on the basis of agreement and giving administrative subjects certain administrative preferential rights to ensure that administrative subjects occupy a dominant position in the process of signing and fulfilling,is the unique feature of administrative agreements with both administrative and contractual attributes.Under this basic premise,it is of great significance to absorb and link the principles of the abolition of administrative acts and the rescission of civil contracts,to understand the reality of the right of unilateral rescission of administrative subjects in administrative agreements,and to clarify its feasible classification methods and conditions for its exercise.There are some limitations in the understanding of the right of unilateral rescission of administrative subjects based on the legal norm.We should combine the functional value of public law and private law,and understand the right of unilateral rescission from the category of public interest.Therefore,the right of unilateral rescission of administrative subjects can be divided into extraordinary rescission right and general rescission right.Because of the different categories of public interest,they can be distinguished in terms of conditions for their exercise.Meanwhile,we can also find its theoretical support from the theory of positive administration and negative administration,and the theory of the role of contract parties and contract supervisors.After analyzing the relevant cases of administrative subjects resolving administrative agreement,we find that there is confusion in the judgment of the distinction between the extraordinary and general rescission rights,as well as the interpretation of public interests.To distinguish between extraordinary and general rescission rights,we should grasp the function of unilateral rescission rights.To interpret the public interest,we should argue it strictly,and realize the concretization of public interest in individual cases by filling in value and balancing interests.In addition to judicial identification,administrative organs should also restrict the extraordinary and general rescission rights to varying degrees in the system of administrative procedures such as hearing,period,compensation and so on.