论文部分内容阅读
随着社会经济的发展,行政理念的转变,政府职能也发生了很大的变化,传统的管理型政府逐步迈向服务型政府,行政契约也伴随着福利国家的发展而出现并快速发展。行政契约也在实践中得到广泛的应用,但是关于行政契约的理论和立法的争议不断,至今未达到统一的认识。因此对行政契约理的界定和认识也关系到立法、司法审查。从而笔者提出了行政契约应该包含的三个要素:契约性、公权力性、行政目的性。
With the development of social economy and the change of administrative philosophy, the functions of government have undergone tremendous changes. The traditional management-oriented government has gradually stepped into the service-oriented government, and the administrative contract has also emerged and developed rapidly with the development of welfare countries. Administrative contract has also been widely used in practice, but the controversy over the theory and legislation of the administrative contract has not yet reached a unified understanding. Therefore, the definition and understanding of the administrative contract is also related to the legislative and judicial review. So I put forward the three elements of the administrative contract should include: contractual, public power, administrative purpose.