行政契约在实践中得到广泛应用,在行政契约过程中双方要遵循诚实信用和信赖保护等原则,否则要借鉴私法中缔约过失责任理论承担行政契约缔约过失责任。行政契约缔约过失责任的主体不仅包括相对人,还有行政主体,并且责任范围应该包括固有利益和信赖利益。行政契约缔约责任的承担方式除了损害赔偿之外还有特有的行政处罚和强制履行。 Administrative contract has been widely used in practice. Both parties should abide by the principles of honesty, credit and trust protection in the process of administrative contract. Otherwise, they should bear the responsibility of contracting negligence of contract by drawing lessons from the theory of negligence of contracting in private law. The subject of fault liability of contracting contracting in administrative contract includes not only relative people but also administrative body, and the scope of responsibility should include inherent interests and trust benefits. In addition to compensation for damages, there are also special administrative penalties and compulsory executions in the contractual responsibility of the administrative contract.