行政主体理论之我见

My Opinion about the Theory of Administrative Subject

我国的行政主体概念于80年代末产生后沿用至今,但随着社会的变迁与公共行政的进一步发展,其外延与内涵均受到了挑战,其在行政诉讼中被告资格的确认问题、实体行政权和行政责任的归属问题等方面均存在着难以解决的缺陷,本文结合行政体制改革,对完善我国行政主体理论提出若干建议。

Summary of the essay:The concept of administrative subject appeared in the 1980s and continued to use up to now. The extension and connotation of the main body over administration was challenged with the changes of society and further development of public administration. Problems of confirming the defendant's qualifications in the process of administrative litigation and coming under the jursdiction of entity and responsibility of administration. are drawbacks which are still difficult to solve. Combined with the reform of administrative system, this paper put forward a few proposals of perfecting administrative subject theory.