略论行政合同的混合性

行政合同不但具有行政主体特权属性,而且还具有作为合同与生俱来的意思自治原则;公共利益并非行政合同惟一的价值追求,还应当对个体利益加以必要的保护;行政法律规范与民事法律规范的混合适用,既是一种现实的选择,更是行政合同在法律上的需要。

On the Mixed Nature of Administrative Contracts

Administrative contracts are characteristic not only of the privileged nature of the subject of administration, but also of the rule of autonomy of the will that contracts have by nature; Administrative contracts pursue public interests as well as give personal interests necessary protection; Mixed application of administrative and civil norms of law is a practical option,and what is more it is a legal neccessity.