Change And Response: Research Of Public-private Partnerships In The Administrative Law

Administrative law was born under in the national context of the rule of law of freedom in the 19th century.the system of administrative law mainly consist of the three components which are the administrative body,administrative acts and administrative relief, among which administrative acts is the core. However, in the late 20th century,the national theory,philosophy of the rule of law and public administration which is the object of study on administrative law on which administrative law establish and exist has undergone major changes, the traditional administrative law being confronted with challenges.Administrative law must timely change and innovate according to the development of public administration,in order to meet the administrative needs of different stages of development.This article is based on such considerations, through public-private partnerships in perspective, trying to apply the basic principles of administrative law,administrative science,political science and economics and related knowledge of other disciplines and adopting a contrast,empirical research methods, etc to study changes and innovations of administrative law under the context of public-private partnerships and build the basic system of administrative law which meet the development needs of public-private partnerships.Full-text is divided into five chapters:Chapter I Part of this thesis focused on the theoretical basis of public-private partnerships and the course of evolution. public-private partnerships which is a cooperative relationship that the executive authorities as a public and private sectors take to achieve common tasks,which can cover all forms of cooperation of public sectors and private sectors between the individual use of public power of the public sector to achieve common tasks and the full privatization.public-private partnerships are specificly divided into administrative commission, joint state-private ownership ,participation of public building, regulation of cooperation of public-private. there is a certain theoretical basis for public-private partnerships, public-private cooperation is based on theoretical system include theory of governance,theory of public choice and theory of co-state.forms of public-private partnerships exist and the rapidly develop ,which has a history of the evolution process in foreign countries and China.Chapter II the form of public-private partnership in administrative law. Public-private partnerships are related to administrative operation of public authority, which are displayed by certain legal forms in the administrative law.theory of freedom of choice in the form of administrative acts has laid a theoretical foundation of administrative law to acts of public-private partnerships. acts of public-private partnerships are displayed in the administrative law majorly through administrative contracts, private contracts, and informal administrative action forms.Chapter III Regulation of administrative law of public-private partnerships. administrative law must regulate public-private partnerships,because public-private partnerships have a negative impact. China draw up a series of administrative rules and regulations to regulate behavior of the public-private partnership, but there are still many problems, there is need for further refinement. the author explore problems of regulation of China's administrative law on public-private partnerships,how to regulate public-private partnerships and how to improve. the author Study regulation of public-private partnerships in China's administrative law centring franchise to empirical analysisChapter IV The administrative law changes and innovations under the context of public-private partnerships. it is responsible for administrative tasks from the administrative authority solely undertake in the traditional administrative law to share by the administrative authority and the private sector under the context of public-private partnerships. changes of the main body which undertake administrative tasks poses a major challenge to the administrative law. the basic system of administrative law occur a corresponding changes such as public and private law nature of administrative law, basic Philosophy of administrative law, the system of administrative main, the system of administrative acts, the system of administrative procedures law, Administrative accountability Under the public-private partnership.public-private partnerships Induced Changes of the basic system of administrative law, being confronted with with change and innovation in administrative lawChapter V the basic system of administrative law are builded on public-private partnerships. rapid Development of public-private partnerships in practices of rule of administrative law and changes in the way of completion of administrative tasks, promote the adjustment of the scope of administrative law and updates of the content of administrative law, make the traditional system of administrative law which is in the main line of the executive and administrative powers transformate and reconstructe, bring the role of nation and the basic philosophy of dministrative law change. Under the context of public-private partnerships, the traditional administrative law faces enormous challenges, the system of the traditional administrative law is in urgent need of basic innovations. Public-private partnerships promote the traditional administrative law transit to the modern administrative law. It is necessary to construct a related systems of new administrative law which relate whole administrative law including the system of administrative body,the system of administrative acts,the system of administrative procedures,the system of administrative accountability,the system of judicial review system , the system of self-regulation system.Under the context of public-private partnerships, these are all are needed to resolve the issue in the Study of administrative law,including establishment of administrative legal status on the private,the administrative practice of acts of public-private partnerships,the rise of cooperative administrative procedures,changes of responsibility of Countries from fulfilling their responsibility to guarantee accountability and oversight responsibilities,reconfiguration of the system of judicial review,self-regulation enter focus of research of the administrative law.Under the context of public-private partnerships, the the basic system of traditional administrative law must be adjusted and constructed the new system, in response to needs of practice of administrative law in public-private partnerships...