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什么是机关公文?这是一个常识性的问题,但恰恰又是现行机关公文处理条例或办法的制发者首先必须搞清楚的问题。对照一下现行的党和国家机关公文处理制度,便不难发现其中在概念上的含混之处:一是公文形成主体的错位。毫无疑问,党和国家机关公文形成的主体必须是在组织上具有完全独立性的机关法人,但现行的某些机关公文处理制度却把并不具备机关法人资格的人大代表也作为公文形成的主体,
What is an official document? This is a matter of common sense. However, it is precisely the issue that must first be clarified by the developers of the regulations or methods for handling official documents. By contrasting the current system of official document processing by the party and state organs, it is not difficult to find the conceptual ambiguities among them: First, the dislocation of the main body of the document formation. There is no doubt that the main body formed by the documents of the party and the state organs must be organs and legal persons with complete independence in the organization. However, the current system of handling official documents of some organs has also been formed as a document with the deputies who do not have the legal personality of the organs. main body,