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行政契约虽早已在我国的行政管理实务中出现并得到广泛运用,但是我国并没有法律明确规定行政契约法律制度,并且我国法学界并在行政契约的概念形成统一的认识。本文在对各个学者关于行政契约概念及界定理论的研究基础之上,从我国本土法治资源出发,对行政契约理论及其概念作出了一定的分析,并在最后对行政契约的概念作出了重新表述。
Although the administrative contract has appeared and been widely used in the administrative practice of our country for a long time, there is no law in our country that stipulates the legal system of the administrative contract clearly. And the legal scholars in our country form a unified understanding of the concept of the administrative contract. Based on the researches of various scholars about the concept and definition of administrative contract and the resources of the rule of law in our country, this article makes some analysis of the theory and concept of administrative contract and makes a restatement of the concept of administrative contract .