有关公用事业特许经营合同的性质,一直存在着行政合同与民事合同之争。把特许经营合同定性为行政合同,是某些学者认识上的误区所致。根据民法原理及合同法的基本理论,特许经营合同符合民事合同的本质特征。因此,特许经营合同是一种民事合同。 Regarding the nature of franchise contracts for public utilities, there has always been a dispute over administrative contracts and civil contracts. Qualifying a franchise contract as an administrative contract is a misunderstanding on the part of some scholars. According to the principle of civil law and the basic theory of contract law, the concession contract conforms to the essential characteristics of civil contract. Therefore, the franchise contract is a civil contract.