行政法上的“缔约过失责任”概念初探

An Initial Exploration into the Conception of Liability in Signing a Contract with Fault in Administrative Law

随着我国经济体制改革的不断深入,行政合同已成为我国广泛管理公共行政事务的重要手段。但对于行政合同有关的法律责任,我国学者鲜有研究。笔者借用民法上的缔约过失责任理论对在行政法上是否存在缔约过失责任以及概念、性质进行探讨。

With the continuous development of economic system reform, administrative contract has become an important means in public administration in our country.Little research has been condcted as to legal liability about administrative contract. The author quotes the theory of liability in signing a contract with fault in civil law to discuss wether it exists in administrative law and interprets its conception and nature.