Regarding the issue of determining the validity of administrative contracts,the public law-dominant theory reveals its limitations.This approach overly relies on the preferential application of ad-ministrative law rules,neglecting the functional value of civil legal rules.The result not only weakens the flexibility of legal application but also underestimates the complexity of case adjudication.In con-trast,the theory of public-private law synergy addresses these issues from a comprehensive perspective,promoting effective interaction between public and private law to accommodate the dynamic nature of ad-ministrative and contractual elements,and to achieve functional integration between different sets of rules.At the theoretical level,it establishes a foundational structure for collaboration between adminis-trative and civil legal rules by recognizing,utilizing,and coordinating their differences.At the practical level,it advocates for a dynamic examination of the combination of administrative and contractual ele-ments in various review modules,delving into how different rules can form an interactive and supportive order to improve adjudication quality and balance competing interests.The theory of public-private law synergy should replace the public law-dominant theory as the guiding principle for judicial review of ad-ministrative contracts,thereby advancing the modernization of administrative law.
Validity of Administrative ContractsPublic Law Dominance TheoryPublic-Private Law Synergy Theory
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维普
