试析行政合同纠纷解决之法律轨道

Try Analysing the Legalway to Solve the Dispute of the administrative Contract

行政合同在我国的出现根植于体制改革,国家希望通过行政合同方式,将国家要达到的行政目标以合同形式固定化、法律化,使双方的权利义务更加明确,同时使政府从大量繁重的行政事务中解脱出来,也更易于调动合同相对人的积极性和主动性。笔者主张将行政合同纠纷纳入行政诉讼的轨道予以解决,理由在于:行政合同是双方“合意”的结果,同时它签订的目的是为了实现国家行政目标。

The administrative appearance in our country of contract is implanted in the system reform, the country hopes to pass the administrative contract way, the administrative goal wanting to reach the country melt, legal regularly in the form of contract, make the rights and obligations of both sides more clear, make the government free out from a large amount of strenuous administrative affairs at the same time, more arouse the enthusiasm of relative people of contract and initiative. I maintain that solve the track that the administrative contract dispute includes in administrative imdigation. The reason lies in ：The administrative contract is results in agreement of both sides, at the same time the purpose which it signs is for rearrzing thenational administrative goal.