Research On The Legal Application Of Administrative Agreement Revocation

The administrative and contractual nature of the administrative agreement itself causes a lot of disputes when it applies the law in the face of disputes,including the application of the law in the cancellation of the administrative agreement.At present,there is no special legislation on administrative agreement in China.In judicial practice,the court usually applies the basis for the cancellation of unilateral administrative act in the administrative procedure law and the basis for the cancellation of civil contract in the contract law when trying the case of cancellation of administrative agreement.At present,the main focus of the dispute is whether to use article 70 of administrative procedure law to revoke unilateral administrative act to revoke administrative agreement.Starting from the nature of administrative agreement,this paper compares the difference between administrative agreement and unilateral administrative ac t.First of all,make clear the theory and find and solve problems in the way that the theory guides practice.The theoretical analysis mainly focuses on the fundamental nature of administrative agreement and the fundamental difference between administrative agreement and administrative act.Then,based on practi ce,combining with typical judicial cases,this paper analyzes the application of administrative procedure law to the cancellation of administrative agreement in judicial practice.Then,the relevant legislation and judicial practice abroad are analyzed and compared,from which the experience and lessons are learned.As far as the fundamental nature of administrative agreement is concerned,the administrative agreement is the result of the agreement reached by the two pa rties in essence,which is based on the contract of the administrative agreemen t.In terms of the difference between administrative agreement and unilateral a dministrative act,the biggest difference between administrative agreement and unilateral administrative act is that the former is the act of both parties.The a dministrative act is a unilateral act,which can be produced by the unilateral e xpression of the administrative subject.Therefore,the legal basis for the cancellation of unilateral administrative act cannot be applied to the cancellation of a dministrative agreement.Finally,on the basis of the results of the above theor etical analysis,based on the analysis of the current administrative agreement c ancellation based on judicial practice and legislation,use for reference the exp erience of foreign legislation and judicial practice,to mean the cancellation of the said defects as an administrative agreement basis,improve the system of a dministrative agreement to withdraw,clarify the administrative agreement cancel lation right configuration,provide clear legal administrative agreement to cancel the applicable specifications.