行政法学首先要解决的问题是“谁有权实施行政管理行为”,即谁具备行政主体资格。行政主体资格的确定无论在理论上还是实践中都具有重要意义;确定了行政主体资格,才能确定行政行为的效力,才能确定行政诉讼的被告。在我国,国家行政机关承担着主要的行政管理任务,是职权性行政主体,同时,一些非行政机关的组织在法律、法规授权的条件下也拥有行政职权,成为授权性行政主体。确认行政主体资格的方法在于两方面:一是行政职权的来源。行政职权及其具体性质是确定行政主体资格的根本标准;二是行为的性质。无论是行政机关还是其他行政主体,只有实施行政行为才具有行政主体资格。 Administrative law first problem to be solved is “who has the right to implement the administrative act,” that is, who has the qualifications of the main administrative body. The determination of the qualifications of the administrative body is of great significance both in theory and in practice. To determine the qualifications of the administrative body, can the effectiveness of the administrative act be determined and the defendants in the administrative proceedings can be determined. In our country, the state administration undertakes the main tasks of administration and is the main body of the executive power. At the same time, the organizations of some non-executive organs also have the administrative power and become the authorized administrative subjects under the conditions authorized by laws and regulations. The method of confirming the qualifications of the administrative subject lies in two aspects: First, the source of administrative authority. The administrative authority and its specific nature are the basic criteria for determining the qualifications of the administrative body. The second is the nature of the act. No matter whether it is an administrative organ or other administrative body, it is only the executive body that is qualified to carry out the administrative act.