摘要
本文在对行政合同的几个界定性要素与一般民事合同进行较为深入分析的基础上,探究其各自不同点,从而揭示行政合同之行政公法性与民事私法性的双重内核,最后充分肯定行政合同存在的法律适格场域,以期学界找寻出行政合同的确定性理论,服务于法律事务和满足法治社会发展的现实需求。
The force of several contracts in the definition of administrative elements and general civil contract on the basis of a more in-depth analysis to explore different points of their own, which reveals the administrative law of administrative contracts and civil private law of dual core, with critical the field of private law have a strong concept of the author portal, and finally there is full recognition of legal administrative contract eligibility field. To find out the administration of the academic theory of contract certainty, services, rule of law in the legal affairs and social development to meet the practical needs.
关键词
行政合同
民事合同
行政规制性
administrative contract
civil contracts
administrative regulations
