冲击与发展:契约行政与依法行政关系之检视——透过公私合作视角考察

Impact and Development: View on relationship between the Contract administration and the administration according to law——study through perspective on public-private partnership

公私合作背景下契约行政兴起。契约行政具有自由性的特质,这给具有羁束性特点的依法行政带来冲击。契约行政契合了现代行政发展趋势,赋予行政机关行政行为形式选择自由、拓展依法行政理念和利用合作式行政程序规制契约行政是发展契约行政与依法行政新型关系的有效路径。

contract administration is rising under the context of public-private partnerships,which impact on concept of the administration according to law because of the characteristics of freedom of contract administration. Contract administration agree with the trends of modern administration. It is the effective path to develop new relationship between the Contract administration and the administration according to law which give the executive freedom to choose form of administrative actions、expand the concept of administration according to law and use cooperative administrative procedure regulate contract administration.