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本文在对行政合同的几个界定性要素与一般民事合同进行较为深入分析的基础上,探究其各自不同点,从而揭示行政合同之行政公法性与民事私法性的双重内核,最后充分肯定行政合同存在的法律适格场域,以期学界找寻出行政合同的确定性理论,服务于法律事务和满足法治社会发展的现实需求。
On the basis of a more in-depth analysis of several defining elements of administrative contract and general civil contract, this article probes into their different points so as to reveal the dual core of administrative public law and civil private law of administrative contract, and finally affirms administrative contract There is a legal field of competence so that the academic circles can find out the certainty theory of the administrative contract, serve the legal affairs and meet the realistic needs of the development of a society ruled by law.