论公务员的职务行为与个人行为的本质区别

On Essential Differentiation about Public Servant's Official Conduct and Personal Conduct

职务行为的本质规定性在于行政权力的运用,这种本质规定性构成了公务员的职务行为和个人行为的根本区别。公务员的行为只要涉及到行政权力的运用,就具备了职务行为的本质特征,就应认定为职务行为。

The essential attribute of official duty-conduct is the use of administrative power, which defines the fundamental difference between duty-conduct and personal conduct. If an official＇s behavior is as far involved in the use of administrative power, it has the essence of duty conduct and could be identified as official conduct.