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随着改革开放的深入,行政合同广泛应用。但随之而来的纠纷也越来越多。本案中熊晓岗等16名委培生与当地教育局签订的师范学校委培合同属行政合同,在我国产生比较晚,应用比较晚,理论不够完善。本文通过对案例的分析进一步说明我国行政合同的法律不完善,最后,提出几点完善意见,希望我国关于行政合同的法律体系更加完善,从而保障相对人的合法权益。
With the deepening of reform and opening up, administrative contracts are widely used. However, more and more disputes ensued. In this case, Xiong Xiaogang and other 16 Peisheng students signed a contract with the local Education Bureau to form an administrative contract with the Peasants’ School Committee, which came into being relatively late in our country. The application was late and the theory was not perfect. This article further illustrates the imperfect law of administrative contract in our country through the analysis of the case. Finally, it puts forward some suggestions to perfect the legal system of administrative contract in our country, so as to protect the legitimate rights and interests of relative people.