英文摘要 |
In administrative contracts, when the administrative subject actively enters into the market and attempts to seek for the cooperation with the market subject, only when based on the principle of equality can both of these two subjects reach an agreement on their rights and obligations so as to establish the relationship of administrative contract. In this aspect, the model of administrative contract totally accords with the civil contract. Due to the modern evolution of public law and administrative law’s basic theories, the relation between the administrative subject and the market subject is no longer the ''command-compliance'' model but gradually turns to share an equal legal status. Thus, it is possible for the principle of equality to be applied in the administrative contract. However, different from the principle of equality in the civil contract, the principle of equality in the administrative contract should have more inclusive connotation. Generally, the two subjects in the administrative contract are not only confined to the equality in rights and obligations but also reach the structural balance in right and power. These two equality models alternately exist with the aim to better realize public interest. With this trait of ''alternative-duality'', these two subjects in the administrative contract should have equal legal status rather than following the third article of Contract Law that one party would not force its will upon another party so as to coordinate and coexist with the administrative subject’s one-sided change right and one-sided dissolution right. |