在建设服务型政府的社会大背景之下,行政合同作为一种更富民主机制的行政管理方式,已被越来越多的国家采用,行政主体利用行政合同方式行使职权的趋势也日渐加强。但因其本身的双重属性,司法实践难以将其纳入司法审查范围。为有效解决行政合同争议,实现合同双方权利义务平衡,需要重新设计和完善程序制度。 Under the social background of building a service-oriented government, the administrative contract as an administrative way of governance with more democratic institutions has been adopted by more and more countries. The tendency of administrative bodies exercising their powers by means of administrative contracts has also been gradually strengthened. However, due to its dual nature, it is difficult for judicial practice to include it in the judicial review. In order to effectively settle disputes over administrative contracts and achieve the balance of rights and obligations between the parties to the contract, it is necessary to redesign and perfect the system of procedures.