On The Unilateral Right Of Rescission Of The Administrative Organ In The Administrative Agreement And Its Restrictions

The unilateral right of rescission of an administrative agency in an administrative agreement refers to the power of the administrative organ that is unique to the administrative organ and that is not controlled by the relative will,and that can be terminated by the unilateral will of the administrative organ.It is important to clarify the conditions and limits for the exercise of the unilateral right of rescission to protect the rights of the parties to the agreement and to maintain the healthy and stable development of the administrative agreement.The dispute between the Hetian City Government and the Tianrui Company and Xingyuan Company Government Franchise Agreement disputes highlights the conflicts and disputes caused by the administrative agency in exercising the unilateral right of rescission in the administrative agreement.The unilateral right of rescission is a specific manifestation of the administrative superiority right,which can be divided into a non-sanctional"unilateral termination right" and a sanctioned "unilateral termination right".The trigger mechanism of "unilateral termination right" includes the public interest under the change of situation and "other statutory reasons";the trigger mechanism of "single party cancellation right" is mainly the case that the opposite party of the agreement is at fault and the public interest is harmed.The exercise of the unilateral right of rescission must follow the legal limits and consider the impact of the "contracts" in the agreement.At the same time,in the administrative agreement,the unilateral right of rescission needs to balance the public interest and the balance of the administrative counterparts.Therefore,it is necessary to exercise the power according to the principle of proportionality,and use the "one dollar value" instead of the "simple majority" to balance the science.Public Interest.In addition,it is necessary to standardize the exercise procedures for the unilateral right of rescission,explore the judicial intervention mechanism for the exercise of the unilateral right of rescission,and guarantee the legitimacy,necessity and scientificity of the exercise of the unilateral right of rescission.