公安机关车辆管理所定性之惑—基于授权组织或受委托组织的分析

The Qualitative Puzzlement on Vehicle Management Stations of Public Security Organs——Based on an Analysis of Authorizing Organizations or Authorized Organizations

政府及其部门将车辆管理所公示为"受委托执法组织",而各级法院在司法实践中将车辆管理所认定为"规章授权的组织",在行政主体理论看来,两种定性实则产生不同法律后果,尽力区分车管所的两种定性,澄清认识,消除适法困惑,进一步明确车管所作为"规章授权的组织"的"身份"。

Vehicle management stations are publicly displayed as ＂authorized law enforcement organizations＂ by the government and its branches while vehicle management stations are regarded as ＂organizations authorized by regulations＂ by the courts at all levels.However,the two qualitative methods will actually result in different legal consequences in the theories of administrative subject.Therefore,it is a must to further make clear the ＂identity＂ of vehicle management stations as ＂organizations authorized by regulations＂ by making great efforts to distinguish the two kinds of qualitative methods,clarifying the recognition and eliminating the puzzlement in applications.