行政机关是指依宪法或行政组织法的规定而设置的行使国家行政职能的国家机关。行政机关及其公务人员在行使行政职权过程中侵犯相对人合法权益而产生的行政侵权责任已为以宪法为核心的相关法律所确认。同时，行政机关由于其非职权行为亦会产生相应的民事侵权责任。这两种责任都 Administrative organs refer to the state organs that exercise the functions of state administration set by the provisions of the Constitution or the Administrative Organization Law. The administrative tort liability arising from the infringement of the legitimate rights and interests of the counterparts in the exercise of administrative powers by administrative organs and their public servants has been affirmed by the relevant laws at the core of the Constitution. At the same time, administrative organs will also have corresponding tort liability due to their non-authority behaviors. Both of these responsibilities