新修订的《行政诉讼法》正式将行政契约纳入受案范围,但仍为有限的契约形式列举。作为行政契约的独立类型和行政行为的补位,和解契约在行政执法、行政救济等领域具有显著的价值和优势以及广泛的适用空间。以行政权与公民权的良性互惠和平衡为基轴,梳理和解契约的类型体系,明晰其缔结规则对促进依法行政意义重大。行政法上和解契约的适用应当与行政争议的解决相衔接,契入公众参与、意思自治和协商合意,坚守法定自由裁量之限制,当行政行为事实或法律关系不明时强调相互让步,围绕公平正义建构程序性规范。 The newly revised Administrative Procedure Law formally includes the administrative contract in the scope of the case, but it is still listed as a limited form of contract. As an independent type of administrative contract and a complement to administrative action, the settlement of contract has significant value and advantage in the field of administrative law enforcement and administrative remedies, as well as a wide range of applicable space. Based on the positive reciprocity and balance between executive power and civil rights, it is of great significance to sort out the type system of contractual settlement and make it clear that the rules are concluded to promote the administration according to law. The application of the contract of deconstruction in administrative law should be linked with the solution of administrative disputes, with the participation of the public, the autonomy of autonomy and the consensual agreement, the restriction of statutory discretion, emphasis on mutual concessions when the facts of the administrative act or legal relationship are not clear, Build procedural norms.