On The Administrative Law Question Under Privatization Context

The privatization is a hot word. The privatization of public administration is a task for the national civil operation from all private, private sector involvement perform administrative tasks, As far as China is concerned, the privatization of public administration is really a new thing, but in the Western countries are very common. Europe and the United States surging privatization reform not only with standardized and orderly market competition system, sound legal system, but also with the state and society, citizens of mutual cooperation in the administration inseparable. China's market economic transition has not yet been completed, the legal system is not yet perfect, regarding just obtained more than 20 year privatization practices which rectified names, in theory there are still a lot of blind spots. Therefore, as the administrative law scholars need to respond to social, actively exploring public-private sector cooperation and as a basis for rational allocation of administrative powers with the proper exercise of the problem.The research in Europe and the United States is very important mode of privatization, as well as their experience and lessons of China's reform and privatization of the precious wealth. However, as China and Europe and the United States in the legal system currently operating system there is still a wide gap in our accession to the WTO into the world's privatization trend, but also special attention to ensuring that the course--it is necessary to make reference to others down the road, light of the actual, not be blindly transplanted privatization model of other countries.With the implementation of the privatization of public administration, public sector and private sector cooperation, mutual trust and consultation may be growing, with an equal participation mutual cooperation as the core of the new administrative law humanistic spirit is making.This paper focuses on the concept of privatization and privatization of public administration, the relations of privatization and public administration, legal basis of privatization of public administration, model of privatization of public administration in the privatization of public administration plight of the paper. Finally, this paper has carried on the constructive ponder to our country new administrative jurisprudence construction certain questions.The full text besides the introductory remarks, altogether divides five chapters, about 220,000 characters.The introductory remarks, mainly are the origin, the choice public administration privatization topic research goal as well as the significance and the value which studies on this article which studies in the theory and the practical aspect possibly produces, about this question research present situation and narration, but also has the research mentality, the method as well as the paper possibly innovates and so on several aspects to carry on the outline the elaboration.Chapter one, privatization and public administration reform. This chapter mainly makes an introduction and summarizes to relevant theories of privatization, make preparation for argumentation behind of the article. Have explained the concept, kind and meaning of privatization, influenced various factors of privatization, have introduced privatization in the application of various countries, and has carried on more systematic analysis to intension and privatization and public administrative relation of public administrative privatization, etc..Chapter two, the proper foundation of privatization of public administrative. This chapter have explained several pieces of basic conception related to legal principle foundation of public administrative privatization at first, such as state power, national task, public interests question, and to explore the legal reservations with the legal priority to the application; Secondly, investigate public administrative constitution basis of privatization, and privatization reality at the constitution analyze in our country about constitution theoretical foundation analysis of privatization mainly; Again, describe the administrative law basis of privatization of public administrative, mainly carry on the discussion and realistic analysis about the administrative law basis of our country; Finally, The law basis of other departments of privatization of brief analysis, too, such as private law question of privatization of administrative task and privatization of administrative organization for instance after the privatization.Chapter three, the mode of privatization of public administrative. First, model comparisons of privatization of public administration, such as the Anglo-American model of the major countries, using the main mode of the continental countries and other socialist countries and the de of operation of privatization experiences and lessons; And then privatization of public administration the question of how to classify, Privatization of public administration such as the type of the basic concepts of privatization of public administration and classification of privatization of public administration; Finally, analyzed and summed up the privatization mode, and explored the mode selection of our country's privatization of public administration.Chapter four, the predicament of administrative law in public administrative privatization. First elaborated the crisis in the theory of administrative law, If the administrative law theory and the new public administration theory conflict, the administrative law have the deviation administration development tendency, the administrative law decentralized tendency, the administrative law system valid crisis, the administrative law have escape into the civil law danger as well as the public and private legal principle theory of law debate respond the reality and so on; such as the conflict of the theory of administrative law and the new public administration theory, the administration trend of the administrative law, decentralized trend of the administrative law, the crisis of legitimacy of the administrative law system, The danger of escaping and entering private law, public law and civil law theory respond the reality with difficulty and so on; Then, has analyzed the crisis of the administrative system, such as the problems of the administrative organization law lag behind, administration's behavioral law vast and hazy, the administrative law confusion, the rigidity of Administrative procedure law and the passive administration relieves the law; Finally, have announced the difficult problem of the structure again after privatization, Finally, the paper has revealed the difficulty question of reregulation, how to solve the question of relaxing regulation in privatization, reregulation after privatization and restructuring of the regulation period to lilt system with the re-synchronization control of complex problems.Chapter five, the construction of new administrative law science. On the issue that around constructing new administrative law science, the three aspects are discussesed: the first is the theoretical innovation of administrative law, such as reviewing and upgradeing the Chief legitimate theory, the theory of the administrative subject and administrative procedure, the theory of administrative means and administrative methods, the theory of administrative legal relation; the second is the Innovation of research methods of the administrative law, such as the use of systematic research, a multidisciplinary research, Empirical studies and post-modernism, and other methods to deal with privatization practice. The third is the restructuring of the system of administrative law, If expansion to the main administrative center of the Organic Law of administrative restructuring, a non-administrative powers, Mixed private and Chief Executive behavior of the update administrative acts, Informal and formal administrative procedures coexist led administrative procedure act and the development of the relief system innovations.