关于行政主体概念的思考

Consideration on the Concept of Administrative Subject

目前我国行政法学界对于行政主体的分类只有两种:即行政机关和法律、法规授权的组织。从对中外行政主体概念的比较和对我国行政主体概念缺陷的分析可以认为:行政主体是指具有行使国家行政权力一般性资格,在具体的行政法律关系中行使行政职权的组织和个人。它既包括行政机关和法律、法规授权的组织,也包括行政公务人员和受委托组织的人员。

Nowadays the scholars of our country have much classified the administrative subject as the administrative organs and the organization that laws and rules have empowered. This article gives a new conception about the administrative subject by comparing it with that in foreign countries and analyzes the defects of it in our country. It refers to the organization and individual who exert executor authority and own the general qualifications of enforcing authority according to the administrative law. It does not only include the organization that the administrative organs and laws have empowered,but also involves the organization that the administrative organs and the executive with political power have delegated.