Form Of Administrative Acts Selection Study Under The Background Of Public-private Partnerships

Under the rule of law background, the tradition administrative law was born in the nineteenth century, the basic theory of administrative law inherited by the administrative body on civil law, administrative act of composition and administrative remedies on three main theoretical part of the overall system. Since the last century, social welfare and social services have become the modern concept of governance rule of Law, welfare and payment administration have increasingly become the main form of modern administration. Executive power has become more active, positive and the theories of administrative acts form have been proposed to re-examine the administrative and academic. Especially in the implementation of market economy in recent years, the payment of administrative and administrative activities of the rapid expansion and development of this process being led national government’s budget deficit and rising height of the crisis, based on the full payment of the administrative burden of the State appeared to be inadequate, that the the public Service Administration of the Government’s overall responsibility in administrative efficiency and economic principles are universally challenged all academic, public-private partnership (PPP) model is widely used in public administration among. With the participation of civil society in public administration tasks private body, the public and private sectors to contact the body more closely, while administrative law and tradition upon which to build public-private dualism existed had major changes, under the background of public-private partnerships in the traditional theory of administrative law challenges and reconstruction. Meanwhile, the administrative act must be based on the form of the theory of the development trend of public-private cooperation, timely change and innovation, and drawing on the basis of public-private partnerships extraterritorial legislative experience, make the legal system of the construction, public-private partnerships to improve our legislation in order to adapt to the different stages of administrative development need.Based on this consideration, public-private partnerships in the realistic background, this paper attempts to apply the basic principles of administrative law, management basic theory, and based on the advanced theory on the basis of extraterritorial legislation and experience of Germany, Japan and Chinese Taiwan, Chinese mainland and so on, to take compare basic problem empirical research methods, the process of public-private partnerships in the form of administrative acts and the use of discretion and other select one of a number of systematic research, while at the perspective of the fundamental principles of public Law Legalization Construction of public-private partnerships to expand the system comb and make recommendations. Paper is divided into five chapters:The first chapter is in the form of public-private partnership with the administrative act theory define the problem. First, from the "public-private partnerships" and "privatization" concept cut, on the one hand and the rise of elaborate development model public-private partnership model, on the other hand to clarify the nature of the concept of "privatization" from an academic analysis of its type and pattern, on the basis of public-private partnerships and privatization argument is essentially different. Secondly, the theoretical basis of administrative law perspective under public-private partnership mode, and will be placed in public and private law interpretation of the traditional dualism Interpretation, demonstrate the constitutionality of this model. Finally, in the context of public-private partnerships raise "the form of administrative acts" theory, and prove the administrative acts has an extremely important role and content of public-private partnerships in the process from the type the non-type classification of the two forms.The second chapter is discriminating the form of administrative action under the aspect of the type of public-private partnerships. On the one hand, make a doctrinal classification of public-private partnerships in the perspective of management and administrative law. On the other hand, make a doctrinal classification form type of administrative behavior in the traditional administrative law. Based on this integration and cross demonstrates specific administrative legal relationship between the different types of public-private partnership mode, and further demonstrated in various public-private partnerships administrative legal relationship, the results in the form of administrative acts selected have different functionally orientation and morphology.The third chapter is about the form of public-private partnerships administrative discretion behavior choices. First, in a static perspective, select discretion theoretical demonstration of public-private cooperation in the form of administrative acts has discretion to select the form of space through administrative actions. Secondly, in a static perspective, public-private partnerships are demonstrated in the form of acts of the executive branch has the discretion to select and choose discretion morphology, and morphology is also forms of behavior discretionary choice selection result discretion. Finally, under the constraints of the Constitution and based on the fundamental principles of administrative law, it demonstrates the behavior of public-private cooperation in the form of administrative discretion should be subject to select the fundamental principles, and the public sector still bear a particular responsibility in the administrative constraints of these principles.The forth chapter is about the Legal and administrative cooperation in the form of public and private behavior evaluation under the comparison law. The section were selected in Germany, Japan and Chinese Taiwan as a blueprint comparative studies were selected in their respective legislative background and the process of public-private partnerships, design and implementation of public-private cooperation procedures and judicial practice of public-private cooperation in the case of perspective and draw upon its own legislation ideas and technology, public-private partnerships as a legal guide our continent theoretical construct creative. While the interpretation of legislation and case in their respective countries and regions under Analysis, demonstrates the context of public-private partnerships in the form of administrative acts and whether it is reasonable for a particular public-private partnership, the need for Law and Policy, procedural and substantive reviews, in order to to select the security administration in the form of reasonable behavior, scientific and efficiency.The fifth chapter is about administrative acts in the form of public-private partnerships. The main part of the public-private partnership to select the most representative form of administrative acts-administrative cooperation contract for the study, based on the construction of the rule of law in the first to demonstrate the necessity and feasibility of public-private partnerships to build the rule of law. Secondly, referring to Germany and Taiwan existing legislation on administrative cooperation contract, the first contract for administrative cooperation were identified legal nature that it should belong to the administrative contract. Elected and contract at the same time the basic principles of the Constitution and administrative law based on cooperation were signed private body from public and private, fully implement the administrative cooperation contract and warranty of three aspects of the public sector to establish the system of administrative cooperation contract system when administrative cooperation contract enforcement barriers, thereby Glimpse of leopard, in combination with other diversified forms of administrative action such as tax administration and social administration, etc., to guide our legal system construction on public-private partnerships to further strengthen and advance.