Research On The Revocation Of Administrative Agreement By Administrative Subject

Is the administrative agreement revocable? How to cancel? What are the consequences of cancellation? These problems have been controversial in the academic circles,and the legislation and practice of different countries and regions are also different.“Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases” preliminary build the system of administrative agreement to cancel.But only specifies the plaintiff party filed for court to cancel the agreement and subject to the administration for the administrative agreement by one party can withdraw,there is no level of norms,This makes the current administrative agreement revocation system missing a corner.As far as the administrative subject is concerned,there are only two states of effectiveness of the administrative agreement: effective and invalid,which is not conducive to solving the problems in the implementation of the administrative agreement in practice.In view of this situation,we should confirm the right of revocation of the administrative subject to the administrative agreement,bridge the defects of the current system of revocation of the administrative agreement,solve the problem of the judgment of the administrative subject to the validity of the agreement,and ensure the order and justice of the administrative agreement field.To examine,from the aspects of the practice in the promulgated administrative agreement before the revocation of administrative agreement of administrative body case is not rare,and because of the lack of clear legislation and unified standard of review,handling of the problem produced more chaos phenomenon,in the promulgated administrative agreement,this is still a problem unsolved.At present,there are two ways for the administrative subject to revoke the administrative agreement.Second,unilateral decision to withdraw.In the path of revocation of civil contract,the judgment standard is generally the defect of expression of intention in the revocation of civil contract,but the standard is uncertain in the unilateral decision of revocation,which applies to both the revocation of contract and the revocation of administrative act.It can be seen from the practical cases that there are some problems in the revocation of administrative agreement,such as unclear standard,different ways,vague boundary between revocation and invalidity,and lack of restriction on the exercise of revocation right.Through in-depth analysis,we can find the causes of these problems,and on this basis,some suggestions are put forward to confirm the agreement system of administrative subject’s revocation right in administrative agreement and improve the system of administrative revocation.Through the analysis of theoretical and practical problems,this paper puts forward the following suggestions for the improvement of the administrative subject’s exercise of the right to revoke the administrative agreement in the process of implementation:First,the nature and connotation of the administrative subject’s right to revoke the administrative agreement should be defined as the right of formation,and the administrative subject can complete the cancellation by making a unilateral decision;At the same time,with the theoretical support of administrative superiority,it can be exercised when the public interest may be damaged.Secondly,the standards for the administrative subject to exercise the right to revoke the administrative agreement are clarified,and the loss of the basis of the administrative agreement is taken as the reason for the revocation,and the specific standards for the revocation are the lack of authority of the subject of the agreement,the unclear determination of the basic facts,the content violating the provisions of the law,and the illegal procedure.Finally,the administrative subject’s right to revoke administrative agreements should be limited,and the principle of good faith,due process and interest measurement should be observed in the revocation,and the substantive review of the administrative subject’s revocation of administrative agreements should be promoted by the court,so as to protect the rights and interests of counterparts in the administrative agreements from excessive infringement.