台湾地区行政契约理论之梳理

An Overview of Theories on Administrative Contract inthe Region of Taiwan

在我国台湾地区,学者对行政契约理论研究保持了持久的历史连贯性思考,研究成果颇丰。对公权力领域何以存在契约,行政契约与行政处分、行政协定及私法契约的区分标准,行政契约的类型化和有名化构建,契约在现代公私合作中的法政策工具化运用,行政契约纠纷的法律适用和一般公法给付诉讼等问题,均做出了系统的理论解析,其成果影响了本地的行政契约行政执法和司法实践。我国台湾地区行政契约理论、制度与其自身的公法及私法体系之间,具有外国法源上的一致性,部门法之间也有内部协调性,这也为我国大陆地区的行政协议理论、制度如何形成一个自身自洽的体系,提供了知识经验。

In our country＇s Taiwan region, scholars have accumulated much experience in the study of administrative contract theories. Their research focuses on such questions as why there is a contract in the field of public power; the different criteria for administrative contracts and administrative adjudication, administrative agreements and private contracts; types of administrative contracts and named construc- tion; the application of contract as a policy tool in modern public-private partnership; legal application in administrative contract disputes and the performance of public law litigation and so on. These academic dicussions have influenced the local administrative enforcement and judicial practice of administrative con-tract in Taiwan. The theory and system of administrative contracts in the Taiwan region are consistent with their own public and private law systems, and they have consistency with the source of foreign law, There is also internal coordination between the special laws. The Taiwan Residents experience in this area pro-vides knowledge and experience for how China's Mainland can form consistent and systematic thinking and classification on the theory and system of administrative agreements.