论行政契约撤销原因的确定

行政契约的合法要件主要有契约方式使用合法、契约主体适格、意思表示真实、契约内容合法、契约缔结程序合法。行政契约撤销原因的确定,应当充分借鉴行政行为撤销的理论及法制、私法契约撤销的理论及法制,具体分析行政契约合法要件的缺失对行政契约效力的不同影响,在此基础上还应当充分权衡撤销行政契约对于行政契约利害关系人所产生的实际影响。

On Determination of Reasons for Repealing Administrative Contract

A legitimate administrative contract should meet following requirements: lawful means to sign contract, illegibility of contract parties, real declaration of will, lawful content of contract and lawful procedure of entering a contract. To determine the reasons for repealing an administrative contract, we should introduce the theory of repealing administrative act and its legal system and the theory of repealing private law contract and its legal system, and analyze different effects produced by deficiencies of requirements of legitimate administrative contract, on the basis of which the actual effect on interested parties of administrative contract produced by repealing the contract should be fully considered.