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行政合同或叫政府合同、行政契约,是指行政主体为实现行政管理目标,与相对人协商一致达成的协议。作为行政主体行使行政权的一种方式,它一方面保证行政主体享有充足的权力资源以保证目的的实现,另一方面,也体现了私法上的契约精神,因此具有独特的基本特性——行政性和契约性。虽然行政合同作为一种新型的、有效的行政管理手段,在我国已经被广泛运用,然而对于行政合同的司法审查还没有形成一套完备的制度,法律也没有对行政合同作出细致的规定,“这样,当行政机关与相对人缔结的合同一旦被定性为行政合同、遇有争执时,当事人将处于求告无门的境地”。
Administrative contract or contract called the government, the administrative contract, refers to the main administrative body to achieve the goal of administration, and the agreement reached by consensus. As a way of exercising administrative power, the administrative body ensures that the administrative body has enough power resources to guarantee the realization of the goal. On the other hand, it embodies the spirit of contract in the private law and therefore has the unique basic characteristics of administration Sexual and contractual. Although the administrative contract as a new and effective means of administrative management has been widely used in our country, yet the judicial review of the administrative contract has not yet formed a complete system, and the law does not make detailed provisions on the administrative contract. “In this way, when the contract concluded by the executive authorities and the counterparty is once characterized as an administrative contract, the parties will be in a situation of seeking a lawsuit in the event of a dispute.”