法治视域内行政合同解除研究

Termination of Administrative Contract under Horizon of Rule of Law

随着我国行政管理方式多元化发展以及行政法治建设不断深入,行政合同作为我国新型的行政管理方式其作用日益凸显。契约理论引入行政法领域彰显了行政民主的中国特色,同时也表征了法治政府架构的理论进路。因而,行政合同解除作为行政法契约理论中的重要一环在行政法领域内占有重要地位。关注行政合同解除的内涵、理论基础、条件、法律后果、救济制度对于建设法治视域内政府的法治化构建大有裨益。

With the continuous deepening the diversified development of our administrative management and the construction of admin- istrative rule of law, administrative contract, being a new means of governance is increasingly playing a prominent role. It shows the Chinese administrative democracy with its own characters that contract theory is introduced into the field of administration law. At the same time, it also characterizes the theory approach of government structure under the rule of law. Thus, as an important part of the theory in the field of administrative law, the termination of the contract plays an important role. It will benefit a lot to the construction of legal rule of our government to Concern about the connotation, the theoretical basis, conditions, legal consequences and relief system of administrative termination of the contract.