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行政法人的概念在我国学界普遍存在且备受关注,其他国家及地区的立法中亦可觅其踪迹。惟我国大陆尚未在立法上明确其内涵及法律性质。通过比较德、日以及我国台湾地区的立法和实务现状,究学理之内涵、通实践之惯例,在比较法视野下透过对比研究行政法人的法律属性、组织构造和基本任务,并结合当下我国公私合作完成行政任务趋势与背景下的行政机关法人化之趋势,归纳总结出行政法人制度在我国现行法治环境下的法律属性及其三项构建基础。
The concept of administrative corporation is ubiquitous in our academic circles and attracts much attention. The legislation of other countries and regions can also find traces of it. However, our country’s mainland has not yet clarified its connotation and legal nature in legislation. By comparing the current situation of legislation and practice in Germany, Japan and Taiwan of China, the connotation of study theory and the practice of practice are studied. By comparing the legal attributes, organizational structure and basic tasks of administrative corporation under comparative law, Public-private cooperation to complete the trend of administrative tasks and the background of the legalization of administrative agencies, summarized the administrative legal person system in our country under the current legal environment and its legal basis for the construction of the three.