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行政合同既不同于一般的民事合同,又不同于一般的单方行政行为。基于行政合同而产生的纠纷,应当纳入行政诉讼受案范围。但行政合同诉讼又是一种特殊性质的行政诉讼,其在起诉主体、审查对象及内容、举证责任、调解制度、审理依据及判决形式等方面与一般意义上的行政诉讼存在着诸多差别。
Administrative contract is different from general civil contract, but also different from common unilateral administrative act. Disputes arising from the administrative contract should be included in the scope of the administrative proceedings. However, the administrative contract lawsuit is a kind of special administrative lawsuit. There are many differences between the administrative lawsuit and the administrative lawsuit in the general sense in the subject of prosecution, the object and content of prosecution, the burden of proof, the mediation system, the trial basis and the form of judgment.