Study On Unilateral Modification And Termination Of Administrative Agreement-

Under the background of participative and service-oriented administration,it is an important means and way for our government to reach the goal of administration by agreement.Administrative priority right is an important power of administrative organ in administrative agreement,which has attracted more and more scholars' attention.However,at this stage,there is no uniform legislation of administrative priority right,no supporting administrative procedure law,and no clear standard of relief method.The absence of legislation is likely to lead to the excessive discretion of the administrative organ,unable to effectively protect the legitimate rights and national public interests of the counterpart,thus affecting the administrative agreement system to give full play to its due role.Through collecting and sorting out the relevant cases of administrative agreement,it is found that although the administrative priority rights generally include the right to supervise the performance of the contract,the right to unilaterally change and terminate the administrative agreement,and the right to administratively sanction,the most common problem in practice is the unilateral change and termination of the administrative agreement.Therefore,the author intends to carry out the research in order to enrich the theoretical research andbenefit the administrative practice.This paper is divided into four parts:In the first part,the author introduces the concept and characteristics of the administrative priority right from the administrative agreement,and compares it with the foreign administrative values.Through searching related cases on the judgment document net,it is found that unilateral,change and rescission right are the key points of administrative priority right.However,the lack of relevant legislation in our country leads to the lack of effective regulation on the unilateral change and cancellation right of administrative organs.At the same time,because the administrative agreement has both "administrative" and "contractual",unilateral and contractual changes and rescission of administrative agreement coexist.Through the comparison of the causes,the applicable laws and regulations,and the standards of relief methods,this paper compares the two.The second part focuses on the reasons of unilateral alteration and rescission,which is the legitimacy of unilateral alteration and rescission of administrative agreement.We will combine practice with theory for further in-depth study.From the judicial cases,it is found that "national interest and social public interest" is the most important reason,but the ambiguity of legislation leads to the generalization of its definition,which easily leads to the damage of the interests of administrative counterparts.It is necessary to define this concept scientifically and accurately,balance the relationship between individual interests and the interests of the state and society,and prevent it from becoming a shield for the abuse of power by administrative organs.Other major issues include the need to achieve administrative objectives and the adjustment of laws and policies.The third part discusses the other legal elements of unilateral change and rescission of the agreement,and discusses the main elements,basis elements and procedural elements of the administrative organ.It is found that the administrative organ of our country is not standardized in exercising the right of administrative priority,and the court is lack of examination of procedural elements.Due process principle is an important guarantee for the realization of national justice.China needs to pay attention to the value of procedure in order to better regulate administrative behavior.The fourth part discusses that the interests of the administrative counterpart need to be protected.Due to the theoretical basis of the protection of good faith and trust interests,the administrative organ needs to compensate the opposite party for the loss caused by the exercise of the right of administrative priority.In this regard,compared with the compensation method standards of foreign countries,it provides some ideas for improving the compensation system of unilateral change and cancellation of administration in China.While protecting the publicinterest,the administrative organ should not neglect to protect the private interest,so as to develop the administrative agreement better.