Study On Judicial Review Of The Unilateral Change And The Cancellation Of The Administrative Agreement

The administrative agreement system is a unique system in administrative management that is different from other administrative acts because of its agreement and flexibility which are important ways for the modern law-based government to exercise administrative functions.The definition and type of the administrative agreement are continuously expanded in practice.Based on the administrative and contractual nature of the administrative agreement,in the process of signing and fulfilling the administrative agreement,it is necessary to give the administrative agency the unilateral change and cancellation right.The legal sources of unilateral change and cancellation of administrative organs include the public interest needs caused by the change of situation,contract legal provisions and agreements.The review should adhere to a combination of legality review and rationality review,supplemented by contractual review so as to facilitate the continued performance of the administrative agreement.The path of specific review is carried out in the following two aspects—entity and procedure.The review mainly focuses on the reasons and procedural obligations of unilateral change and cancellation while introducing the mediation program to achieve the case.In addition to administrative litigation,the administrative review system is also necessary.Thus,the two must be connected well.The compensation system attached to the unilateral change and cancellation right has some flaws presently.The legal rights and interests of the relatives of the administrative agreement should be protected by expanding the compensation based on the current level.