A Study On The Regulation Of Unilateral Change And Rescission Right Of Administrative Agreement

The construction of democratic and legal government makes the idea of service administration is becoming popular among the people,citizens' awareness of administrative participation is also increasing and the administrative agreement system also emerged at the historic moment.Although the administrative agreement is the result of the reconciliation of personal interest and public interest,the principle of public welfare priority requires that the administrative subjects be endowed some unilateral privileges,including the right of unilateral alteration and cancellation.The exercise of this power may lead to the abuse of power.In order to urge the administrative subject to exercise the power properly and reduce the disputes of administrative agreements,it is necessary for us to study the regulation of this power.This article from the administrative agreement of unilateral change,remove theory knowledge,through the analysis of the existing provisions and related cases,summarizes the power in the regulation level of public interest definition,and the civil contract change or remove,procedural regulation and the judicial review mechanism is not perfect,which to some extent makes the effectiveness of unilateral change,remove cannot give full play.Based on this,if the power of unilateral change and rescission of administrative agreements is effectively regulated,it is necessary to scientifically define the public interest,clarify the relationship with civil contract change or remove,improve the procedural regulation and perfect the judicial review mechanism,etc.,to promote the administrative agreement unilateral change,remove the standard exercise,reduce the abuse of power,protect the legitimate rights and interests of the opposite party,and then give better play to the administrative management function of administrative agreement.