行政合同诉讼构建的可行性分析探讨行政合同诉讼要解决的首要问题,是将行政合同从民事合同中区分出来,并能锲入具体行政行为的救济通道。 (一)行政合同与民事合同的界分关于两者的区分,即便行政合同法理论较为发达的德法两国,也没有明晰统一的标准。有的从法律效果着眼,认为发生行政法效果的合同为行政合同;有的从合 Feasibility Analysis of Construction of Administrative Contract Lawsuit The first problem to be solved in the administrative contract lawsuit is to distinguish the administrative contract from the civil contract and to get into the relief channel of the specific administrative act. (A) the division of administrative contract and civil contract On the distinction between the two, even if the theory of administrative contract law more developed Germany and France, there is no clear and uniform standard. Some from the legal effect of the view that the effect of the administrative law contract for the administrative contract; some from