Based on an analysis of the existing principles and criterions, starting with the characters of the civil servant’s dual legal identity and the partition between the official conduct and personal conduct, this paper establishes the administrative power as the criterion for defining the civil servant’s dual legal identity, and proposes the pra.

Therefore,freemen right and administrative power within the purview.

Educational institutions are endowed with certain administrative functions and powers through the special authorizatoin of the laws and regulations,and is therefore entitled with the qualification of subject of administration,which also means that they take on the legal responsibilities independently.