行政法第三形态视角下行政主体研究

我国传统行政主体理论存在概念界定混乱、范围模糊、责任主体虚设等诸多缺陷，传统理论中一般认为行政主体只包括行政机关及法律法规授权的组织。第三形态是社会治理模式发展的新选择，是基于市场经济的发展及国家职能的转变而建构的，行政主体理论应随之革新。比较与借鉴西方主要国家的行政主体理论，在以民主为核心的第三形态视角下重构行政主体，应将行政主体范畴从传统理论上的“行政机关与授权组织”扩充到行政法第三形态视角下的“行政机关、授权主体以及具有公共事务管理职能的其他组织”三种类型。

A Study on Administrative Subject from the Perspective of the Third Form of Administrative Law

There exists a lot of defects in China＇ s traditioanl theory of administrative subject, such as the confused definition of concept, indefinite scope of administrative subject and the nomianal liability subject, etc. In traditioanl theory, the administrative subject is generally considered to include only the authorized administrative organs and the organizations authorized by laws and regulations. The third form is a new choice for the development of social governance model and is built on the basis of the development of market economy and the transformation of the governmental functions. With this there should also be a reform of the theory of the administrative subject by comparing with and learning from the theories of the administrative subject in major western countries. The theory of administrative subject should be reconstructed in the perspective of Third Form which takes the principles of democracy as its core. The traditional administrative subject scope with the administration and authorized organization should be expanded to three parts that include the administration, authorized subject and other organizations with the function of public affairs administration.