行政合同作为行政行为之一种,目前在中国行政实务界已得到普遍认同、应用和推广,但法学界仍对此持有不同观点,司法界分歧难断,立法也对此讳莫如深、举棋不定,这种混乱无序状况,只会造成对行政合同制度发展与完善的阻滞,不会带来任何益处。加强立法工作,统一理论认识及立法、司法实践,构建统 As one kind of administrative action, administrative contract has been generally accepted, applied and popularized in China nowadays. However, the legal circle still hold different opinions on it and the judiciary disagrees. The legislation is also confused and indecisive. Confusion and disorder will only result in the development of a system of administrative contractual improvements and will not bring any benefits. We will step up our legislative work, unify our theoretical understanding, legislation and judicial practice and establish a system