The Implement Dilemma and the Legalization Path of Unilateral Termination Power in Administrative Agreements
Under the framework of modern administrative rule of law,administrative agree-ments are not only key tools for administrative institutions and counterpart parties to jointly promote national administrative governance,but also play a crucial role in the historical process of administrative function transformation.In judicial practice,there are practical dilemmas in the disputes of unilateral termination rights involving administrative agencies,such as unclear definition of public interest standards,inconsistent judgments,and incomplete remedies.The article examines and distinguishes its normative elements from three perspectives:interest bal-ance,diversified exploration,and procedural regulation.Through the recognition of the princi-ple of proportionality,it identifies the standards for exercising the right to terminate agree-ments,and uses multiple channels to substantially resolve agreement disputes.At the same time,it proposes procedural regulations that adhere to subject negotiation and reasonable hearing,and then explores the path to legalize the unilateral right to terminate administrative agreements.
administrative agreementunilateral termination rightspublic interestadministra-tive prior rights
NETL
NSTL
万方数据
