论行政合同与民事合同的区分标准

合同定性的不同 ,直接决定其适用规则与救济渠道的差异。我国现行行政合同与民事合同的区分标准 ,就总体而言 ,偏于抽象 ,操作性不强。西方国家行政合同与民事合同的区别标准多元且具有成文化趋势。借鉴西方经验 ,我国行政合同与民事合同的区分 ,应以合同是否具有公法性质为判断中心 ,以公权力因素与公益因素作为主要判断基准 ,建立多元的具有操作性的规则体系

On Standard of Differentiating Administrative Contract from Civil Contract

The nature of contract decides the applying rules and remedies. Generally speaking, the current standard of differentiating administrative contract from civil contract is very abstract and impractical. In western countries, the standard of differentiating administrative contract from civil contract is multiple and is tend to become statute. To establish a multiple and practical system of standard, we should take the nature of public law as the core with public power and public interest as the main standards.