随着政府简政放权改革的进一步深入,在公共服务和公共管理领域,政府广泛地运用行政合同与相对人合作,从而提高政府的行政效能,降低行政成本。向社会放权,同时也要加强对社会的监管。行政合同单方解除权即是对行政合同在履行过程中的一种监管,其目的在于切实维护公共利益。对于行政合同单方解除权,我国的理论界对它的研究颇少,在立法和实践中也存在诸多问题,如缺乏专门统一的立法规定,权力来源不清,具体法律原则缺失,恣意行使单方解除权现象突出,救济制度不完善等。为消除行政合同单方解除权的负面作用,充分发挥行政合同的功能,本文通过对行政合同单方解除权存在的问题进行分析,进而提出对我国行政合同单方解除权的完善对策。 With the further simplification of government decentralization reform, in the field of public service and public administration, the government extensively uses administrative contracts to cooperate with counterparts, so as to improve the government’s administrative efficiency and reduce administrative costs. To the community decentralization, but also to strengthen the supervision of the community. The rescission of the unilateral power of the administrative contract is a kind of supervision of the administrative contract in the performance process, and its purpose is to effectively safeguard the public interest. For the unilateral termination of the administrative contract, there are quite a few studies on it by theorists in our country. There are also many problems in the legislation and practice. For example, there is a lack of specific unified legislative provisions, unclear sources of power, lack of specific legal principles and unilateral release Prominent phenomenon of rights, the relief system is not perfect. In order to eliminate the negative effect of the unilateral right to terminate the administrative contract and give full play to the function of the administrative contract, this article analyzes the existing problems of the unilateral right to cancel the administrative contract, and then proposes the perfect countermeasures to the unilateral right to terminate the administrative contract in our country.