Study On The Unilateral Termination Rights Of Administrative Subjects Of Administrative Agreements

In the administrative theory,the administrative organ has the right to revoke a defective administrative act on its own,and the administrative organ can also revoke a lawful administrative act for the sake of public interest,but it needs to compensate for the interests of the opponent.However,the revocation and annulment of the administrative agreement,which incorporates contractual factors,is restricted by the "contractual obligation to perform".The conflict between "contract must be performed" and "required for public interest" is the special feature of the administrative agreement system.On the basis of respecting the spirit of contract,countries have tried to find a theoretical basis for the administrative authority to exercise its administrative power to protect the public interest.In other words,the need to break the common law contractual spirit for the public interest is also the purpose of the establishment of the administrative agreement administrative subject unilateral release.However,this unilateral requirement for individuals to actively perform while the administrative subject can be released at any time theoretical design,the administrative counterpart will be placed in an extremely vulnerable position,and is not conducive to the fair and complete implementation of the agreement.In order to prevent the administrative subject from taking advantage of its strong position to arbitrarily dissolve the administrative agreement to the detriment of the rights and interests of the relatives,the rules of the exercise of the unilateral right to dissolve must be improved.Therefore,this paper is dedicated to the study of unilateral release from the perspective of judicial review,and proposes suggestions for the improvement of unilateral release.It is for the above-mentioned research purposes,through the exploration of the theory of unilateral release and the combing and analysis of a large number of administrative agreement cases in 2019-2022,this paper finds a series of problems in the current exercise of unilateral release: firstly,the nature of unilateral release is not yet clear,secondly,there is uncertainty in the procedural review of unilateral release and the lack of procedural rules of unilateral release,thirdly,the principle of proportionality is missing in the judicial review of unilateral release,and finally,the rules of compensation and compensation determination and application of unilateral release are confusing.In order to solve the above problems,this paper,after research and argumentation,proposes the following suggestions: first of all,the exercise of the unilateral right of release should be based on the different nature of the respective elements of the exercise of the unilateral right of release,the exercise of administrative unilateral right of release should be to protect the public interest,and should meet the requirements of the legality of administrative acts,follow the rules of notification and consultation first,and follow the principles of good faith and proportionality.The exercise of the civil unilateral right of release requires the elements of the establishment of the right of release as stipulated in the Civil Code,or the parties agree on the right of release in the agreement and the agreed cause of release occurs,and the exercise of the civil unilateral right of release needs to follow the procedural rules of administrative law,while the agreement between the parties in the agreement cannot violate the mandatory provisions of administrative law and cannot be detrimental to the public interest and national interest;secondly,it is recommended that Secondly,it is recommended that procedural rules be adopted to regulate the exercise of the unilateral right of release,including the formulation of the rules of notification,consultation first and emergency release,and the specific requirements of the three procedural rules are discussed respectively;again,it is proposed that the application of the principle of good faith and the principle of proportionality in judicial review should be strengthened,and the exercise of the unilateral right of release needs to comply with the principle of good faith and the principle of proportionality,and the court should judge the legality of the exercise of the unilateral right of release by whether it complies with the principle of good faith and the principle of proportionality.The court should judge the legality of the exercise of the unilateral right of release based on whether the exercise of the unilateral right of release complies with the principle of good faith and the principle of proportionality.In order to maintain the market attractiveness of administrative agreements and protect the rights and interests of the counter-parties,we propose and argue that the counter-parties should be compensated and indemnified for their expected benefits,drawing on the French "full compensation" system.At the same time,according to the current legal system,it is clear that in the case of compensation and indemnity for unilateral release,the court needs to make a judgment with the amount of compensation or indemnity,so as to avoid giving the discretion of compensation and indemnity to the administrative subject again.