论文部分内容阅读
我国行政合同制度尚不完善,行政优益权理论与我国的实际情况不符,且与依法治国的基本目标相悖,不宜作为我国行政合同制度的基本理念。应当以行政合同规制理论作为行政合同制度的核心理念及指导立法和司法实践的理论基础。可通过程序和实体上的规制对行政合同主体行为进行规制。在行政合同纠纷解决中,应当以公平和效率并重为原则,可通过行政主体的自行执行或由当事人直接申请人民法院执行,同时建立专门的行政合同诉讼制度来完善行政合同纠纷解决机制。
The system of administrative contract in our country is not perfect yet. The theory of administrative superiority right does not accord with the actual situation in our country, and runs counter to the basic goal of governing the country by law. It should not be regarded as the basic concept of the administrative contract system in our country. The theory of administrative contract regulation should be regarded as the core concept of administrative contract system and the theoretical basis for guiding legislation and judicial practice. The main body of the administrative contract can be regulated through procedural and substantive regulations. In the settlement of administrative contract disputes, the principle of fairness and efficiency should be taken as the principle, either through the executive body itself or directly by the parties applying to the people’s court for enforcement, and establishing a special system of administrative contract litigation to improve the administrative contract dispute resolution mechanism.