一、行政合同的法律地位 众所周知,行政合同在大陆法系国家有较快的发展,其主要原因不仅在于实践中的广泛运用,更在于立法上有明确的规定。如德国、葡萄牙等国均在其《行政程序法》中设专章予以规定。我国的行政合同尽管运用广泛,但缺乏统一的行政合同立法,连“行政合同”一词在立法上都未明确使用过,甚至于对行政合同是否存在都有争议。典型的看法是:契约遵循着平等、自由之原则,在此基础上双方才能达成合意:而在行政合同中,行政主体与相对人是不对等关系,何来的合意呢?不难看出,当人们探讨行政合同的时候,自觉或不自觉地 First, the legal status of the administrative contract As we all know, the administrative contract in the civil law countries have faster development, the main reason not only lies in the extensive use of practice, but also has a clear legislative provisions. Such as Germany, Portugal and other countries in their “Administrative Procedures Act” to set a special chapter to be provided. Despite the widespread use of administrative contracts in our country, there is a lack of uniform legislation on administrative contracts. Even the term “administrative contract” has not been explicitly used in the legislation, and even disputes over the existence of administrative contracts. The typical view is: the contract follows the principle of equality and freedom, and on this basis, both parties can reach a consensus: In the administrative contract, the administrative body and the counterparty are not equivalent relations. What is the ideal? It is not hard to see that when People explore the administrative contract, consciously or unconsciously