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行政合同之所以成为区别于普通民事合同的概念,就在于大陆法系存在公法与私法概念的划分,但是行政合同的司法救济模式的理解未必只能服从于各国具体司法政策与实践。其界分的判断标准应当以“利益说”为基础并加以修正。
The reason why administrative contract is different from ordinary civil contract is that there is division of concept between civil law and private law in civil law system. However, the understanding of judicial remedy model of administrative contract may not be subject to the specific judicial policies and practices of all countries. The criteria for judging its division should be based on “interest ” and be amended.