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随着民主政治的要求也越来越高,政府积极转变职能成为法制社会的重要要求。在政府从权利型向服务型转变,单向行政向转变的过程中,私法领域合意理念的渗透必不可少,行政契约也应该越来越应用于行政过程当中。但是我国目前学界对行政契约和行政合意的研究有很多的空白,二者简单的从形式上看都是在至少有一方是行政主体的情况下,达成某项共同的认识一致,但是仔细分析就会不难发现这其中的诸多不同之处,厘清二者之间的区别与联系。
With the demands of democratic politics getting higher and higher, the government’s active transformation of its functions has become an important requirement of the legal system society. In the course of changing the government from rights-based to service-oriented and one-way administration, it is necessary to permeate the consensual concept in the field of private law and the administrative contract should also be applied more and more to the administrative process. However, at present, there are many gaps in the study of the administrative contract and administrative concurrence in our country. Both of them are simple in formal terms and reach consensus on the common understanding that at least one party is the administrative subject. However, after careful analysis, It will be easy to find out many differences among them and clarify the differences and connections between the two.