Font Size: a A A

Guarantee Administration: Study On The Public Governance Model Of Public Utilities

Posted on:2012-10-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:1116330368491375Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The public governance of public utilities takes the triangle relationship of public power(regulation institution),market operator(supplier) and consumers as research object, which is a dimentional cooperation and restriction of public and private power on different levels and in different areas. Compared with the traditional public and private antagnism, this public governance differs in the exrtent of governing crisis, the state mode it depends on and the governance model.Based on"Control of power theory", the traditional public and private antagnism adopted the model of"free state under the rule of law", and governed the relationship between public and private powers by the mode of"order administration".It focused on the positive operation of public power, no overinterference in private power, keeping their antagonistic relationship and the bounds between them. However,"order administration"in the"free state under the rule of law"will definitely be in trouble with the economic recession, awakening of the civil rights, and the increasing demand for living.Especially the constant appearance of social insurance and security has forced the state model on which the study of public law depends to evolve from"free state under the rule of law"to"social welfare state"."Social Welfare State"model is originated from social welfare state being obligated to look after their people, namely, when civil living rights are faced with danger, rather than being a stand-by, the state supplies a series of security measures like social insurance and relief with the help of public finance to guarantee the existence of private rights timely, thoroughly and completely. This governance model of public power is called"supply administration". It is a major breakthrough for the states in modern times to change the role from"order administration"to"supply administration". It means that modern civil living rights has been backed and guaranteed by national public power, and public power has also changed from negtive "night watchman"to"positive supplier". Then follows the problem that"supply administration"which based on survival caring should only be effective in the social security system from which public utilities-an area appearing in modern society-is widely divergentFacing this doubt, traditional theory has brought public utilities such as railway, electricity supplying, water supplying, municipal public transit,etc. into"supply administration". But it has overlooked the folling two important elements: first, market mechanism is needed in the governance of public utilities, which is far beyond survival caring; second, what public utilities governance is expected to solve is not just the instant, thorough and complete supplying of one side from public power to private power,but the complex triangle relationship of public power, private rights of market supplier and private rights of consumers. Meanwhile,the traditional public and private antagnism is going to become public and private parternership. Because of market mechanism, there are indeed some flaws in logic to bring public utilities into"supply administration". Even Ernst Forsthoff, the originator of the theory of"social welfare state looking after their people"finally self-examined and corrected his own statement, and added three important items:first, the government should allow individuals to take on whatever they can on their own and take supplementary measures if they alone cannot take on; second, the governments at a higher level should do the same to the governments at a lower level. The self-support of individuals and lower governments cannot be replaced by the assit of the state and higher governments.So in"social welfare states", in order to deal with more complex public and private parternership, two different public governance pattens should be adopted: one is"supply administration"which is based on the national obligation of looking after people to establish social security system; the other is"guarantee administration"which is based on the principle of free market to set up cautious regulation system so as to make the government a regulator and guarantor of public utilities with highly natural monopoly.These two pattens are supposed to run parallel to each other and are applied to many fields.Especially in our country with a high centralization, it's always difficult to separate government from individual in the fields of public utilities.If the rationality of seperation of the two pattens is not acknowledged and"supply administration"applying to public utilities is blindly emphasized, public power is bound to be over centralized and to become a big obstacle to marketing of public utilities and finally leads to the impudence and corruption of public power prevailing in public utilities, which cannot be eradicated.It is thus clear that the proposure of guarantee administration is not a castle in the air. It points out that survival caring is of utmost importance for the operation of"supply administration model"after tracing back to the theoretical origin of the model. But abusing this model without limits in public utilities is undoubtedly to misunderstand it.The governance of"guarantee administration"is absolutely not milking a bull.Especially under the practical circumstances of our country, it's more necessary to explore the transformation of public power governance model afte public utilities has become the disastrous consequence of"Administrative Monopoly".This model has at least the following several features:first, the state is playing an auxiliary role, changing from a direct supplier to a regulator and guarantor with respect for market; second, make full use of market influence on public utilities governance, and actively search for the chances of private parternership governance. Decrease the chances of private rights intervening in the barrier of public rights governance system, and pay more attention to the construction and cultivation of social self-regulation system.Third, focus on interest representation model produced by public participation mechanism to make up for the weakness of traditional administrative proceedings in guaranteeing the rights of access to utility supply. Fourth, become a guarantor from a direct supplier doesn't mean the escape of state responsibility from public utilities.On the contrary,by the mature regulation system and public participation mechanism with respect for market mechanism, the responsibility of state guarantee will be more clear.It consists of two levels:for the market, ensuring justice competition, supervising market access and withdrawl, and taking over temporarily; for the consumers, ensuring information issue, consistent and universal service, reasonable pricing and charging, supplement and compensation,etc.
Keywords/Search Tags:public utilities, public private parternership, governance, supply administration, guarantee administration, regulation
PDF Full Text Request
Related items