论行政契约的形式与缔结方式

On form and conclusion methods of administrative contract

基于行政契约的特殊性,行政契约的形式有别于私法契约,应以书面为原则,其他形式为例外,并排除口头形式的适用。至于书面形式是否表现为单一文件,则应作扩大解释,以利于行政契约的成立和生效。在缔结时,可根据不同情况分别采用招标、邀请发价、竞争性谈判、拍卖和直接磋商等方式。

Due to the specification of administrative contract,its form,different from that of private contract,should take the written form as the main principle,other forms as exceptions and oral form as the exclusion.The written form should allow more interpretations instead of being expressed as a single document.The conclusion may involve various methods such as inviting bids and offers,competitive negotiation,auction and direct consultation according to different situations.