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因行政机关同时具备公法主体和私法主体的身份,一些行政机关为追求自利而利用形式上的行政行为掩盖私法行为或逃避私法责任,这种与行政法基本精神相背离的异化行政行为因主体身份的双重性,在当前很难判断行为的性质。然而异化行政行为属性的不确定状态,不仅会对行政相对人造成潜在威胁,也会严重阻碍了法治政府和诚信政府的建立,所以明确异化行政行为的判断标准是非常必要的。
Due to the fact that administrative organs possess the identities of both the main body of public law and the main body of private law, some administrative organs use formal administrative actions to cover private law or evade private law for their pursuit of self-interest. Such alienated administrative acts, which deviate from the basic spirit of administrative law, The duality of identity makes it difficult to judge the nature of behavior at present. However, the indefinite state of the alienated administrative behavior not only poses a potential threat to the counterpart of the administration, but also seriously hinders the establishment of the government under the rule of law and the government with integrity. Therefore, it is very necessary to define alienation criteria of the administrative act.