论行政侵权主体

在世界范围内存在着三种类型的行政侵权主体,我国的行政侵权主体即是行政主体的具体化和特定化,而公务员不能成为行政侵权主体。确定行政侵权主体必须厘清行政侵权主体与行政侵权的行为主体、行政侵权责任主体、行政赔偿义务机关的关系。

On the Subjects of Administrative Tort

There are three types of subjects of administrative tort in the world. The subjects of administrative tort in China is specified of administrative subjects. However, the civil servants can not be the namely subjects of administrative tort in China's administrative law. It is necessary to make clear the relationship between the subjects of administrative tort and the activity subjects of administrative tort, the liability subjects of administrative tort, and the duty subjects of administrative compensation, which remains confusion in China today. Therefore, the subject qualification of administrative tort and the scope of the subjects of administrative tort need to be confirmed.