目前,民法学界和行政法学界关于行政合同的争论还没有达成大体一致的意见。民法学界一般从民法的角度,从应然的角度,否定行政合同概念甚至存在,~①;而行政法学界一般从实然的角度,肯定行政合同概念及其存在。~②行政合同的争论,隐隐透露出民法学界与行政 At present, there is still no broad agreement on the controversy over administrative contracts between civil law jurisprudence and administrative law jurisprudence. Civil law scholars generally from the perspective of civil law, from the point of view, denied the existence of the concept of administrative contracts, even ①, and administrative law scholars generally confirm the concept of administrative contract and its existence. ~ ② controversy in administrative contracts, faintly reveal the circle of civil law and administration