批判与重构——关于重构我国行政主体的思考

和国外行政主体理论相比,我国行政主体理论存在重大缺陷。我们应当重新审视我国的行政主体理论,明确行政主体作为行政法律上的独立法律人格的实质含义,并对行政权的设定主体加以确定来进一步完善和重构我国的行政主体。

Criticizing and Re-construction——On the Re- construction of the Subject of Administration in China

Compared with the theory of the subject of administration in other countries, there exist obvious limitations in the concerned theory in China. As a result, it is important to re-survey the theory of the subject of administration in China, to define the real meaning of the subject of administration as an independent juridical personality and establish the subject of exercising executive power. These are the necessary measures to perfect and re-construct the subject of administration in China.