行政契约解除研究

A research on alteration of administrative contract

行政契约缔结后,可由双方当事人协商一致予以解除,也可在符合双方当事人约定解除条件的情况下由契约之一方解除。此外,行政契约还存在通过行使法定解除权以解除契约的情况,这既包括私法契约规则中的法定解除权,也包括行政契约特有的法定解除权。但多数情形下,行政契约由于其公法属性而存在特殊规则。

After administrative agreement has been concluded,the parties may terminate this agreement if they reach a consensus through consultation or the parties may agree upon conditions under which either party may terminate this agreement.In addition,administrative agreement will be terminated by the parties under the circumstance of demanding the right of legal rescission,which includes both the right of legal rescission of agreement rules in private law and the unique right of legal rescission of administrative agreement.In most cases,however,there are special rules in administrative agreement due to its nature of public law.