On The Rules Of Unilateral Rescission Right Of Administrative Agreement

As a new way of administration,administrative agreement plays an important role in China’s administrative system reform.After more than 30 years of development,China’s administrative agreement system has been improved and improved in administrative practice.On the exercise of the power of unilateral termination of administrative agreement,there are still many technical and theoretical problems to be solved.Article 16 of the judicial interpretation of administrative agreement adopted by the Supreme Court on November 12,2019 defines the unilateral cancellation right based on the administrative priority right,and sets the corresponding litigation claims and judgment types as the center.In addition,some laws,administrative regulations,local regulations and rules in other fields also involve the right of unilateral termination of administrative agreements,Taking the relevant provisions of the judicial interpretation of administrative agreement as the backbone and laws,administrative regulations,local regulations and rules in other fields as branches,the rule system of unilateral termination right of administrative agreement has been formed.In the specific identification and exercise of the right to unilaterally terminate the administrative agreement,there are many problems because of fuzzy regulation,which are mainly reflected in the vague definition of public interest,the concurrence with the contractual Rescission Right,the imperfect compensation system,the lack of standardization of exercise procedures and the vague way of non litigation relief.If these problems are not solved in time,it will limit the unilateral cancellation right to give full play to its real public welfare value.Based on the experience of France,Germany,Britain and the United States,combined with China’s national conditions,the concept of public interest is refined by filling in value and introducing an objective third party,the concurrence of administrative and contractual termination rights is solved by giving priority to the application of contract termination,and the compensation system is improved by absorbing and improving the extraterritorial system We should standardize the exercise procedure by constructing the written notification system of agreement first and explaining the reasons,and clarify the non litigation relief ways by establishing the administrative relief ways dominated by litigation and supplemented by non litigation ways such as reconsideration and mediation,so as to construct a more complete rule of unilateral termination right of administrative agreement.