略论行政合同的混合性

On the Mixed Nature of Administrative Contracts

行政合同不但具有行政主体特权属性,而且还具有作为合同与生俱来的意思自治原则;公共利益并非行政合同惟一的价值追求,还应当对个体利益加以必要的保护;行政法律规范与民事法律规范的混合适用,既是一种现实的选择,更是行政合同在法律上的需要。

Administrative contracts are characteristic not only of the privileged nature of the subject of administration, but also of the rule of autonomy of the will that contracts have by nature; Administrative contracts pursue public interests as well as give personal interests necessary protection; Mixed application of administrative and civil norms of law is a practical option,and what is more it is a legal neccessity.