行政机关变更解除行政协议的司法审查

Administrative Organs Change the Judicial Review of the Termination of Administrative Agreements

摘要: 区别于普通民事合同，行政协议中的行政机关占据行政协议的主导地位。为了防止行政机关滥用权利，法院有必要对行政主体的单方变更解除权进行司法审查。目前我国对于单方变更解除行政协议的司法审查不够完善，存在适用依据不清晰、认定标准不统一、补偿标准不明确等问题。基于现行法律体系对该权利规制现状，本文依据相关法律规范、判例探讨行政协议中行政机关单方变更解除权的行使规则，以期为完善审查单方变更解除权案件的法律适用、审查行政机关行使权利条件和对相对人的补偿提供思路。

Abstract: Different from the ordinary civil contract, the administrative organ in the administrative agreement occupies the dominant position of the administrative agreement. In order to prevent the administrative organs from abusing their rights, it is necessary for the court to conduct judicial review on the unilateral modification and rescission of the administrative subject. At present, the judicial review of unilateral modification and termination of administrative agreements in China is not perfect, and there are some problems such as unclear application basis, inconsistent identification standards, and unclear compensation standards. Based on the current legal system’s regulation status of this right, this paper discusses the exercise rules of the unilateral modification and rescission right of the administrative organ in the administrative agreement according to relevant legal norms and precedents, in order to provide ideas for improving the application of law in the review of unilateral modification and rescission right cases, reviewing the conditions for the exercise of the right of the administrative organ and compensating the counterparty.