Research On The Legal Issues Of Judicial Review Of The Right To Unilaterally Alter And Rescind Administrative Agreements

In order to ensure the timely adjustment of the administrative agreement when the public interest are damaged,the law gives the administrative organ the unilateral right to change and terminate the administrative agreement.However,the system of unilateral alteration and rescission of administrative agreement is not perfect,and the abuse of power occurs frequently in practice,which results in the damage of public interests and the interests of the opposite party.Therefore,how to regulate the exercise of unilateral alteration and rescission right of administrative agreement,and how to protect the rights of the counterpart of administrative agreement have become urgent problems to be solved.The first chapter of this paper mainly explains the characteristics and judicial practice of unilateral change and rescission of administrative agreement in China.The first part combs the characteristics of unilateral change and rescission of administrative agreement in China with specific cases.The second part focuses on the dispute focus of unilateral change and rescission cases in judicial practice,and points out the problems in the review process of the court.The second chapter of this paper is divided into two parts.The first part explains the conditions of unilateral change and Rescission in administrative agreement with typical cases,and points out the misunderstandings in the court's determination of the conditions.In the second part,by integrating the mainstream theory of unilateral change and rescission right and the judgment gist of the Supreme Court,the author shows that unilateral change and rescission right is unilateral disposal outside the framework of contract,and demonstrates how to determine the standard of public interest.In the first part,the third chapter analyses the legal and reasonable boundary between unilateral change and rescission right by studying typical cases.Through the defects of legislation,the author explains the abuse of unilateral change and termination of power,and further proposes suggestions on ensuring the participation of the opposite party.The second part mainly puts forward specific requirements for the adherence of due process and proportionality principle.The former should pay special attention to the consultation with the counterpart,while the latter needs the judge to make a balance between public interest and personal interest.The fourth chapter is to introduce the relief problem of the counterpart involved in unilateral change and rescission right.On the one hand,in view of the fact that the court does not pay enough attention to the compensation review of the counterpart in the practical cases,the author advise the court to pay attention to the necessity of solving the compensation of the counterpart and make full relief in terms of the relief strength.On the other hand,in view of the different opinions of the court on whether to clarify the content of the remedial judgment in judicial practice,the author suggests that the remedial judgment should have certain guidance while respecting the executive power.