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行政法学基本范式的转型导致了制度的调整与重构,将以“经济衡平”为宗旨的抗辩权制度引入行政合同既是公法上公民不服从理论的延伸,也是私法原理的一般运用。行政合同抗辩权之目的在于对抗情事变更情形下及契约外公权力行使下致损相对人合同利益,但行政机关拒绝合理之补偿仍要求行政合同相对人履行原合同义务的情形和行政机关先为给付存在瑕疵却要求行政合同相对人履约的情形。基于公益与私益平衡之考量,相对人在提出终止履行行政合同义务申辩时,须对抗辩事由是否存在负担最低限度的举证责任,且不能扩大抗辩事由损及公益。
The transformation of the basic paradigm of administrative law led to the adjustment and reconstruction of the system. The introduction of administrative countervailing system based on “economic balance ” is not only an extension of the theory of civil disobedience in public law, but also the general application of the principle of private law. The purpose of the defense of administrative contract is to resist the contractual interests of the counterparty under the circumstance of change of circumstance and the exercise of the public authority of the contract, but the administrative organ refuses the reasonable compensation and still requires the counterpart of the administrative contract to fulfill the original contractual obligation, There are flaws but require the performance of the administrative contract relative to the situation. Based on the consideration of the balance between public welfare and private interests, the relatives should bear the burden of proof on the existence of the burden of defense at the time when they propose to terminate the performance of administrative contract obligations, and can not expand the defamation and damage public interests.