行政合同诉讼比较研究

Comparative study on administrative contract lawsuit

我国行政诉讼法立法初期未对行政合同的特殊性予以特别考虑,致使我国行政合同诉讼审理规则模糊,不利于保障行政合同当事人的合法权益。为完善我国行政合同诉讼制度,拟对相关国家和地区行政合同诉讼的经验予以介绍,在比较研究之后,总结规律,以资借鉴。

Initial administrative procedural law did not take the particularity of administrative contract into consideration, thus results in the indistinctness of regulation of lawsuit trial, which injures the legal right of the litigant. Some experience of administrative contract lawsuit from other countries and regions is introduced. By comparative study, the author concludes some regular patterns that will help perfect the lawsuit system of administrative contract of our country.