Research On The Exercise Rules Of The Unilateral Right To Cancel The Contract In Administrative Agreement

Nowadays,a large number of administrative activities in the society have the application of administrative agreement.In order to achieve administrative goals or maintain public interests,administrative subjects exercise special rights conferred on them by law,including the right to unilaterally terminate the contract.Although the unilateral right to terminate the contract is exclusive,it does not mean that the administrative subject can exercise the unilateral right to terminate the contract at will,and the corresponding exercise rules should still be followed.At present,the academic research on the unilateral right to rescind contract in administrative agreements has not yet formed a scale.In recent years,the central and local governments have issued more and more legal norms concerning the unilateral right to rescind the contract.However,there are still some problems in the standards and procedural guarantees of the exercise of the unilateral right to rescind the contract.It will hinder the handling of cases related to administrative agreements in judicial practice.Therefore,perfecting the rules for exercising the right to unilaterally terminate contracts should become a key issue in the study of the theory and system of administrative agreements,and the research on this issue has theoretical and practical significance.Although the current legal norms have made up for the deficiencies in the practical application of administrative agreements to a certain extent,the problems existing in the exercise of the unilateral contract cancellation right are sorted out in light of judicial judgment cases,and it is still found that there are administrative subjects abusing the unilateral contract cancellation right and public interests.The problems of vague legal definition,compensation,unclear distribution of compensation responsibilities,lack of special procedural regulations,neglect of public participation procedures,limitations of the information disclosure system,and blocking of non-litigation relief channels for the counterparty.In order to further improve the rules for exercising the right to unilaterally terminate the contract in an administrative agreement,combined with the administrative law enforcement and judicial situation in my country,improvements can be made in the following aspects:First,improve the basic rules for the exercise of the unilateral right to terminate the contract,follow the priority of public interest,legal procedures,and adequate compensation for losses The second is to improve the standard for the exercise of the unilateral right to cancel the contract,and to regulate the exercise of the unilateral right to cancel the contract by clearly defining the ordinary right to cancel the contract,reasonably defining the public interest and determining the compensation standard for the cancellation of the agreement;the third is to improve the procedural guarantee for the exercise of the right to cancel the contract.,including formulating special procedural regulations,improving public participation procedures,improving information disclosure procedures,expanding non-litigation relief channels for counterparties,applying mediation procedures and reconsideration procedures,providing more options for counterparties to seek relief and reducing litigation burden.