Research On The Standardization Of Unilateral Termination Right Of Administrative Subject

Based on the emergence of the concept of "service administration",administrative agreement emerged as a new national governance method,and the unilateral dissolution of administrative subjects as one of the administrative privileges in administrative agreements has also become a hot topic in theoretical research and judicial disputes.It is the power conferred by the law on administrative agencies to unilaterally terminate administrative agreements based on public interest and administrative management needs.This article first defines the nature and source of the unilateral dissolution right which is controversial in the academic circle,and through its relationship with the dissolution right of the Contract Law and how to choose the dark line when competing.Secondly,it analyzes the current status and reasons for the exercise of the unilateral right of termination from the legislative provisions,theoretical and practical status.It is found that the legislative provisions related to the conditions for the exercise of the unilateral right of termination by administrative subjects are few,indirect and scattered.In the past few years,there have been few academic studies related to this,and the literature on public interest is relatively rare.It has neglected the research on the unilateral dissolution exercise procedure and the research on the compensation system is relatively empty.A series of judicial cases such as "investment contract cases" are used as the starting point,and they are integrated and summarized.It is found that when the judicial body examines the administrative body exercising unilateral right of dismissal,it is rare that the review process is legal,whether it meets the needs of the public interest,and even the trial rules are civil.Confusion with administration.Aiming at the problems in legislation,theory and practice,this article proposes that legislatures should improve the guidance of laws and regulations from three aspects:the physical conditions,procedural conditions and ex post compensation and compensation systems that administrative subjects need to meet to exercise their unilateral right of dissolution.According to the principles of administration according to law,due process and trust protection,the judiciary should take the law as the criterion,strengthen procedural review,and maintain a neutral attitude to balance public and private interests.It should also take into account the actual situation in China and the analysis of foreign experience.It is hoped to provide non-governmental support for regulating the exercise of the unilateral right of termination by administrative subjects in administrative agreements.