Administrative Subject In Administrative Agreement Unilaterally Termination Right To Judicial Review Of Empirical Research

The administrative agreement is an important means for the modern government to realize its administrative functions,and the unilateral termination right of the administrative subject is an important administrative power to realize the goal of public service,and also an important embodiment of the difference between the administrative agreement and the civil contract.In recent years,with the change of government management mode and the construction of "government by law","honest government" and "service government",the unilateral termination right of administrative subject has also been widely developed.The Provisions of the Supreme People’s Court on Some Issues concerning the Trial of Administrative Agreement Cases issued in 2019 have officially come into force on January 1,2020.Although the new judicial interpretation has further stipulated relevant issues concerning administrative agreement,in practice,There are still great disputes in the courts about the adjudication basis,applicable rules and trial results of the dispute over the administrative subject exercising the unilateral termination right in the administrative agreement,which has aroused great social repercussions.It can be seen that the correct exercise of the unilateral termination right by the administrative subject is crucial to protecting public interests and balancing the rights and interests of both parties.If the exercise is improper,it will not only damage the public credibility of the government and the court,but also cause a huge waste of public resources.Based on the trial practice,this paper selects 65 typical judicial judgment documents,analyzes their trial focus and judgment effect,finds out the existing problems in judicial practice,studies their causes,and puts forward some feasible suggestions for improvement.This paper first introduces the research background,research status,research significance,research methods and research objectives of unilateral termination of administrative subject in administrative agreement.On this basis,the basic theory of unilateral termination of administrative subject is explained,mainly from the basic content of termination,theoretical definition and value orientation of the three aspects of theoretical induction,laying a foundation for the analysis of the following paper.Then summarized and analyzed the 65 judgment documents collected,introduced the screening criteria and sorting and classification methods,discussed the controversial focus of the case and the judgment results,so as to accurately identify the exercise of the unilateral termination right of the administrative subject in judicial practice.To find out the judicial interpretation of public interest,judicial application of rescission right,administrative subject to exercise the right,the responsibility of compensation in court judgment.Finally,this paper analyzes the causes of the problem and puts forward some solutions to the existing problems of the unilateral termination right of the administrative subject in the administrative agreement.In the Angle of view of analyzing the problem,we should start from practice and not stick to judicial practice,so as to comprehensively solve the problems existing in practice.