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行政合同作为一种弹性、柔和的行政作用方式,已成为西方各国政府行政管理的重要手段,随着我国法治水平的提高和公民参与意识的增强,行政合同的作用将会越来越明显。作为行政合同制度不可或缺的一部分,行政合同责任制度的确立将有效地明确行政合同双方的责任,促进依法行政在行政合同领域的实现以及行政合同纠纷的解决。因此,探讨确立行政合同责任制度的必要性、行政合同责任的概念和特征、与相关概念的关系以及行政合同责任的类型、内容和形式,对在我国建立起比较完善的行政合同制度十分必要。
As an elastic and gentle mode of administrative function, administrative contract has become an important means of government administration in western countries. With the improvement of the rule of law in our country and the increasing awareness of citizen participation, the role of administrative contract will become more and more obvious. As an indispensable part of the administrative contract system, the establishment of the administrative contract responsibility system will effectively clarify the responsibilities of both parties in the administrative contract, promote the realization of the legal administration in the field of administrative contract and the settlement of administrative contract disputes. Therefore, to explore the necessity of establishing the responsibility system of administrative contract, the concept and characteristics of administrative contract responsibility, the relationship with related concepts and the type, content and form of administrative contract responsibility are very necessary to establish relatively perfect administrative contract system in our country.