Study On Judicial Review Of The Right Of Change And Rescission Of Administrative Organs In Administrative Agreements

In administrative agreements,administrative organs have the right to change and rescind.According to the different basis and nature of the exercise of rights,the right to change and rescind of administrative organs can be divided into administrative priority power and contract rights.The exercise of rights will have a great impact on the performance of the agreement.In order to prevent the alienation of the exercise of administrative privilege,judge the effectiveness of contract behavior and comprehensively solve the disputes of administrative agreement,it is necessary for courts to conduct judicial review on the exercise of the right to change and rescind.By combing typical cases,it can be found that there are still some problems in the judicial review of the exercise of the right to change and rescind by administrative organs : first,there is a lack of rules for the review of contractual rights and the identification of the exercise of contractual rights;Second,there are some problems in the review of administrative priority,such as the inconsistent definition standard of public interest,the dispute on the basis of the exercise of administrative priority power,and the insufficient procedural review.Third,the review rules of compensation of administrative organs are not clear.In order to solve the above problems,we should further improve the judicial review rules of the right to change and rescind of administrative organs.Firstly,the rules of priority review of contract rights have been established.When reviewing the exercise of contract rights by administrative organs,the legality review should still be carried out first,and the phenomenon of contractualization of administrative priority power should be strictly restricted.Secondly,in the review of the exercise of administrative privileges by administrative organs,the review path is further improved mainly from the aspects of entity and procedure.In the entity,it is necessary to accurately define the public interest,limit the application of normative documents and review the rationality of the change or rescission of the content.In the procedure,it is necessary to review whether the administrative organs have complied with the obligations of informing and hearing the reasons in advance.Finally,separately elaborated the administrative organ exercise contract right and the administrative priority power compensation responsibility.