On The Existing Problems And Solution Of Unilateral Dissolution Right In China's Administrative Agreement

The unilateral right to cancel an administrative agreement is the power unique to the administrative agency and not controlled by the will of the opposing person.It can only be can celled by the administrative agency.The stability and predictability of the agreement is an important basis for ensuring the successful implementation of the agreement;and the unilateral cancellation power in the administrative agreement has shaken this foundation.The definition of the conditions and limits for the exercise of the unilateral cancellation right can be guaranteed to a certain extent.The smooth implementation of the agreement.The case of land development and construction in the Boluo County Land and Resources Bureau and Huizhou Baofeng Real Estate Development.Revealed the problem of the administrative authority exercising unilateral cancellation rights.The unilateral right of termination is one of the forms of administrative privileges,which can be divided into sanctioned "unilateral termination rights" and non-sanctioned "unilateral termination rights".The conditions for exercising the right of unilateral termination of contract must be that the administrative counterpart has faults and situations that endanger public safety;while the right of unilateral termination is a change in the situation,continued performance of the public interest in the agreement or will be damaged or other legal reasons.Due to the special nature of the unilateral right of cancellation,on the one hand,it must abide by the statutory limits and on the other hand,it must also consider the impact of the "agreement" on it.At the same time,the contract needs to be can celled due to damage to the public interest,but at the same time taking into account the rights of relatives and third parties makes the exercise of this power full of many questions and challenges.Therefore,to ensure the smooth performance of the agreement before the conclusion of the agreement,the scope of the exercise of the power after the conclusion of the agreement and the procedures to be followed after the termination.To ensure that the unilateral right of cancellation is exercised objectively,justly,reasonably and legally,not only to maintain the stability of the agreement,but also to ensure that the public interest is not damaged by the agreement.This article mainly discusses from the following parts:The first is the introduction.Discuss the research background,current situation,research significance and research methods of unilateral cancellation rights.Through the introduction of these three aspects,aiming at the lack of unilateral cancellation rights regulations,it is planned to summarize the relevant cases of unilateral cancellation rights of-administrative agreements in practice to achieve Execution of the unilateral cancellation right of administrative agreement and the regulation on it.The first part goes straight to the topic,and discusses in detail the problems and causes of the unilateral right to exercise the unilateral right of release.The case search analyzes the problems of the unilateral right of release.Identify the two aspects of the problem of unilateral right of termination,and find the cause of the problem to better provide theoretical support for the following text.Based on the first part,the second part discusses the impact analysis that may be caused by the issue of unilateral dissolution.The main impacts on administrative agencies include discounts on administrative agencies' credit,damage to the enthusiasm for signing contracts with administrative agencies,and the expansion of the boundaries of public interest.Improper determination of judicial mechanisms may lead to differences in the application of laws and regulations and improper judicial review standards.The third part is based on the first and second parts,and proposes a general solution to the problems such as the abuse of the unilateral cancellation right,the unclear determination of the scope of the administrative agreement,and the unclear meaning of the public interest.The fourth part is based on the previous discussion,in the case of unclear and missing legal provisions,how to limit the problems in practice and how to apply the traditional remedies to the scope of administrative agreements and how to apply them-And how to restrict and remedy administrative agencies in the current procedure to better solve the problems in practice.The last part is the conclusion.Due to space limitations,this article's discussion of unilateral power-off limits is only the tip of the iceberg.How to maximize the effectiveness of the administrative agreement system under the premise that the legislation is not yet clear.