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由于行政生态与行政主客观环境之巨幅改变,造成传统单方高权之行政行为,不再能够只凭其执行力即可畅通无阻并期待其能解决所有之法律纷争案件,从而以“民众参与”、“对等协商”、“弹性灵活手段”为诉求之行政契约即能广泛于各行政领域中而受到重视。但是毕竟这种非传统式之行政行为,不论是功能或其与依法行政间,应如何取得有机之调和而不互相矛盾?本文在比较西方国家行政契约与依法行政的互动下,探讨我国的可能进路。
Due to the enormous changes in the administrative environment and the subjective and objective circumstances of the administrative authorities, the traditional unilateral power of administration can no longer be achieved simply by virtue of its executive ability and is expected to resolve all legal disputes so as to provide “people Involvement in ”“, ”reciprocal consultation “, ”flexible and flexible means " as the demands of the administrative contract that can be widely in all administrative areas and attention. However, after all, this non-traditional administrative act, whether it is function or its operation according to law, should be reconciled organically without contradicting each other. This article explores the possibility of our country under the interaction of the administrative contract of western countries and administration by law Route.