Change And Response: The Privatization Of Administrative Law

This paper focuses on privatization, tries to review its impacts on the administrative law, and the respondence of administrative law to which. It aims at sloving legal problems which has been produced during the privatizaton, at the same time, developing the theoretical system of administrative law. It consists of five chapters:Chapter One studies the reason of privatization and its development course. It has been divided into four steps: Firstly, it has discussed the concept, type, and function of the privatization, pointing out that privatization exists in three meanings, among which, broad sense is being studied by this paper; privatization can be divided into different types according to different standards, essential privatization and functional privatization is the basic type among which. Secondly, it has analyzed the cause of privatization, showing that the motivation to solve the financial difficuties is the direct reason for privatization, and that, new liberalistic economics theory and new public management theory provide the theoretical foundation for privatization. Thirdly, it has explored the different course of privatization in main developed countries, post-socialism counties, and China. Finally, it has analyzed the constrains of privatization, on this basis, primary conclusion is reached, that is, administrative legality is very important to the privatization.Chapter Two studies the boundary of privatization, the adjustment of governmental function, and the reform of administrative organic law. It is comprised of four steps: Firstly, it has analyzed the relevancy among public function, state function and governmental function, definiting the status of governmental function in the public function's system, pointing out that the state's "whole jurisdiction" is the basis of making boundary of privatization. Secondly, it has discussed factors which influence the boundary of privatization. Public element is the determined one which decides the boundary of privatization, efficiency is the second one which influences the boundary of privatization, besides those, legal reservation should also be considered. Thirdly, it has explored the dynamic boundary of privatization. Finallly, it has discussed the influence of privatization on the administrative organic law. It points out, on the one hand, adjustment of governmental function has leaded to the formation of new organ, on the other hand, it has also impacted the traditional...