Research on the Regulation of the Exercise of the Right to Unilateral Variation of the Right to Rescind an Administrative Agreement

The Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases Concerning Administrative Agreement clarify that the administrative organs have the right to unilaterally change and terminate administrative agreements on the basis of preferential rights. The administrative organ shall exercise the right to unilaterally terminate an administrative agreement on the basis of the concepts of giving priority to the public, balancing public and private interests, and the spirit of contract. Through the analysis of cases in judicial practice, problems such as unclear basis for unilateral change and termination of administrative agreements by administrative organs, non-standard application of procedures, unclear compensation standards, and unclear distinction between the change and termination of civil contracts have been revealed. To rectify these problems, it is necessary to clarify the basis for the exercise of power, standardize the exercise procedures, clarify the compensation methods and standards, and distinguish the right to unilateral change and termination of civil changes.