行政主体理论的现状、缺陷及其重构

行政主体理论是20世纪80年代末引入中国的,其后,经过十余年的发展与完善,逐渐形成了较为完整的理论体系。但是,随着我国社会结构的变迁和行政主体的多元化,行政主体范围过窄、不利于相对人诉讼等理论弊端不断显现,已经明显落后甚至阻碍了司法实践的发展。因此,有必要重构行政主体理论,弥补其缺陷,使之更好地服务于学术研究和行政法治。

Current Situation, Limitation of Administrative Subject Theory and Its Reconstruction

The administrative subject theory was introduced in China in the late 1980s. Thereafter, it has come by more than 10 years' development and improvement to form a relatively completed theory system. However, with the changing of our social structure and the pluralizing of the administrative subject, the shortcoming is appearing that the administrative subject is too narrow and not convenient for the private part's litigation. Meanwhile, the theory has already lagged behind and even hindered the improvement of judicial practice. Therefore, it's necessary to reconstruct the administrative subject theory, remedy its limitation, so as to serve the academic study and administrative rule of law better.