| 摘要: |
| 政府合同管理立法方兴未艾，不少地方政府使用规章或规范性文件对政府合同管理活动加以调整。作为一个规范概念而非学理概念，政府合同同时包括缔结主体一方为行政机关的民事合同以及一般学理意义上的行政协议。行政机关之所以要对不具有同质性的民事合同与行政协议统一管理，乃是出于回应行政任务的需求，同时也标志着行政机关开始具有监管者、管理者的双重身份。政府合同管理主要体现为内部行政活动，但仍然要遵循依法行政原则。在政府合同管理过程中，需兼顾管理活动的合法性与作为管理对象的政府合同的合法性，并同时受行政法律规范与民事法律规范的羁束。 |
| 关键词: 政府合同行政协议民事合同行政立法合作 |
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| The Basic Logic of Government Contract Management |
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| Abstract: |
| The legislation of government contract management is in the ascendant, and many local governments use regulations or normative documents to adjust government contract management activities. As a normative concept rather than a theoretical concept, a government contract also includes the conclusion of a civil contract in which the principal is an administrative agency and an administrative agreement in the general academic sense. The reason why the administrative authorities should manage the non homogeneous civil contracts and administrative agreements in a unified manner is to respond to the needs of administrative tasks, and it also marks that the administrative organs begin to have the dual status of regulators and managers. Government contract management is mainly embodied in internal administrative activities, but it still has to follow the principle of administration according to law. In the process of government contract management, it is necessary to consider both the legitimacy of management activities and the legality of government contracts as management objects, and at the same time be bound by administrative and civil legal norms. |
| Key words: Government Contract, Administrative Agreement, Civil Contract, Administrative Legislation, Cooperative Governance |
