On The Boundary Division And Reconstruction Of The Administrative Subject’s Right To Change And Terminate The Administrative Agreement

With the continuous development of reform and opening up to the depth,society has been transformed,the city has been upgraded,the mindset has changed.The current government’s social governance model has also changed from "command-service" model to "consultation-cooperation" model.Therefore,the administrative agreement system arises at the historic moment and is widely used as one of the main ways of public-private cooperation and flexible law enforcement.The administrative subject has the right to unilaterally change and rescind in the process of executing the administrative agreement,and there are two ways to exercise the unilateral change and rescind right,respectively are in the context of administrative prior rights as well as the civil law rights.However,the two paths have caused a lot of confusion in practice: on the one hand,the current legal provisions on the boundary of the two paths are not much,and the expression is relatively general.On the other hand,the situations of application of the two paths overlap to a certain extent,but it is not clear how to apply the rules when overlapped,leading to differences in the court’s judgment views in judicial practice.Therefore,it is of great theoretical and practical significance to clarify the respective exercise conditions of the two paths,as well as the applicable rules and order when they overlap.In writing this paper,the author first puts forward the confusion of the two paths,then studies the boundary of the two paths from their respective connotation,nature,exercise conditions and legal consequences,and proposes specific applicable rules when the two paths overlap.Finally,combined with the above discussion,further discusses the author’s personal thoughts on how to reconstruct the unilateral termination right of administrative subject in the future,in order to promote the in-depth development of China’s administrative agreement system.