Administrative agreements are the product of the public law field borrowing pri-vate law methods under the cooperative administrative model,which are based on the tradi-tional dual division of public and private law but are faced with identification difficulties due to the blurred boundaries and integration trends of public and private law itself.Accurate i-dentification of administrative agreements is crucial for distinguishing them from civil con-tracts.The administrative nature is the essential characteristic that sets administrative a-greements apart from civil contracts,originating from the public interest goals pursued by the agreements.Therefore,the purpose element should become the core criterion for identi-fying administrative agreements.This criterion emphasizes a substantive judgment of the a-greements'nature,which can comprehensively cover the types of administrative agree-ments,and has a relative advantage over comprehensive criteria and other single criteria.H owever,the inherent ambiguity of the purpose criteria can lead to the improper scope ex-pansion of the administrative agreements.To address this problem,improvement can be made through defining the connotation of purpose and setting conditions for its application process,so as to enhance the accuracy of identifying administrative agreements with the purpose criteria.
administrative agreementpurpose criterionpublic interestadministrationpublic service
NETL
NSTL
万方数据
