政府可以作为私法上当事人签订私法合同的历史由来已久。在普通法系国家,政府签订的此类合同原则上适用合同法的一般规则,但也受一些特殊规则的支配;而大陆法系国家,此类合同完全受私法管辖,行政法则将其排斥在视野范围之外。但对于行政法领域中能否存在契约关系这一问题,在早期以行政高权性行为为特征的传统行政管理模式中,是持根本否定态度的。但是,伴随着民主思潮的激荡,福利国家(weIfare state)、给付行政等新型国家目的观 The history of the private law contract that the government can sign as a party to private law has been around for a long time. In common law countries, the contracts signed by the government apply in principle the general rules of the contract law, but are also governed by some special rules. In civil law countries, such contracts are entirely governed by private law and administrative law excludes them Outside the field of view. However, there is a fundamental negative attitude toward the existence of contractual relationship in the field of administrative law in the traditional mode of administration characterized by administrative high power in the early stage. However, with the agitation of the democratic trend of thought, the welfare state (weIfare state), to pay for the administration of new national purpose