论文部分内容阅读
在行政代履行法律关系中,行政机关和被委托的代履行人之间形成了一种并非行政委托的行政合同关系,即行政机关和行政辅助人的关系。但是,行政辅助人制度本身并没有关于辅助人侵害第三人权利时责任承担的相关规定,因此需要借鉴民事法律制度中的相关理论资源。与建立行政辅助人的行政合同相近的是承揽合同、雇佣合同和委托合同三种劳务合同。行政辅助人相对于行政机关的依附性高于承揽合同,但不及雇佣合同,而与委托合同相似,故可据以研究行政代履行过程中的责任分配规则。
In administrative law enforcement, an administrative contract relationship that is not an administrative entrustment is formed between the administrative organ and the commissioned substitute agent, that is, the relationship between the administrative organ and the administrative assistant. However, the system of administrative supporters does not have any relevant provisions on the assumption of responsibility of ancillary individuals against the rights of third parties. Therefore, it is necessary to draw lessons from the relevant theoretical resources in the civil legal system. The administrative contract with the establishment of administrative assistant is similar to the contract contract, contract and contract employment contract three kinds of labor contracts. Administrative subsidiary relative to the executive branch of the dependency than the contract, but less than the employment contract, and similar to the commission contract, it can be based on the study of the executive branch of the process of responsibility distribution rules.