关键词： 行政合同, 事实上的合同, 法律上的合同, 行政主体, 对等权行政合同

Abstract: Administrative contract should be under the prerequisite of having law engagements,one party,for instance,breaks a contract,another party should have the right to obtain the law to relieve .It is not that the agreement which the administrative organ reaches in order to carry out the post is the administrative contract,will not form the administrative contract between the administrative organs with membership.The administrative subject theory that the administrative law of our country adopts is different from administrative subject theory that Germany's administrative contract relies on,can't apply mechanically the classification about the administrative contract of Germany briefly.At administrative range of contract,France‘s theory is superior to Germany’s.

Key words: Administrative contract, Contract in fact, Contract in law, Administrative subject, Reciprocity administrative contract of right