行政主体二元论

On the Dualism of Administrative Subject

行政责任主体理论与行政主体理论之间存在断裂带,责任主体的二元化和行政主体的一元化架构存在逻辑上的冲突。弥合二元行政责任主体理论与一元行政主体理论之间断裂的关键在于修正行政主体的内核,即以代理说中的准侵权说代替组织体实在说来建构行政组织体和行政公务人员的关系。

Research into administrative duty is for a long time a weak tache in the science of administrative law. There are two key defects in the research in administrative subject. On one hand, there is a contradiction between the theories of administrative duty subject and those of the administrative subject. the other, the duty subject logically contradicts with unitary administrative subject, which leads to the question that we cannot answer： how does an administrative official convert himself into the undertaker of the administrative duty since he is not the administrative subject？ This paper points out that to eliminate the disagreement between administrative subject and administrative duty, the status of administrative duty subject should be rationalized.