论行政契约撤销制度的确立

On Establishment of Retract System for Administrative Contract

行政契约的撤销,是行政契约法律效力制度的重要组成部分,是构建我国行政契约法制时必须予以研究和解决的重大理论问题。确立行政契约撤销制度,一方面可以充分发挥行政契约在实现法定行政目标方面的积极功效,另一方面可以通过规范人民法院对行政契约的司法审查,监督行政主体依法行政,保障行政契约利害关系人的合法权益,实现公共利益和私人利益的均衡。

Retract of administrative contract is an important part in the legal effectiveness system of administrative contract as well as the great theoretical issue to be studied and solved in establishing the administrative contract law in our country. To set up the retract system of administrative contract is of great significance to fully play the role of administrative contract in realizing the legal administrative target, as well as to regulate the judicial review over the administrative contract by the people's court, to supervise the governing by law, to ensure the legitimate right of the contractors and to achieve profit balance between the public and the private.