行政合同是近现代社会民主观念的产物,它兼具公私法的双重特性,一方面具有权力因素,另一方面体现契约精神,虽然行政合同中所体现的权力性与契约性存在着价值冲突,但从依法行政视野下探究其本质可以发现两者关系,不仅不存在价值冲突,而且是一种互补、互动的关系。 Administrative contract is the product of the concept of democracy in modern society. It has the dual characteristics of public-private law. On the one hand, administrative contract has the power factor and on the other hand, it embodies the spirit of contract. Although there is value conflict between power and contract embodied in administrative contract, However, to explore its essence from the perspective of administration according to law can find the relationship between the two, not only there is no value conflict, but also a complementary and interactive relationship.