Public-private Partnership With The Response Of Administrative Law

The article it including two parts explores to discuss the rise of Public-private partnerships(ppp)in public administration reform and the development of administrative law based on the development of public administration and the response of administrative law as the basic clue.The first part studies the development of ppp and the regulation of administrative law.With the help of structural functionalism as the analysis tool,this section regards the administrative law as a potential logic construct which containing the legislative,administrative and judicial system.The new balance should be achieved because of the traditional administrative law structure is imbalanced due to the rise of ppp and the situation of insufficient legal system supply,and to shape the legal system of ppp through the legislation and the judicial review from chapter one to four.The second part discusses the change of the concrete institution of the administrative law in response to the public reform.Chapter 1,Based analysis of ppp.ppp which provide infrastructure and public service emerged from the reinventing government movement and public administrative reform as the core of privatization in 1980 s.it focus on both the government and market,the efficiency,equity and responsibility.The national task is the premise of ppp,which changes the providing way of the national task and did not affect the properties and belonging of the task.To analysis of the scope and type of ppp.with the distinguish between the government monopoly,ppp and privatization,we can find that ppp mainly exist in area of infrastructure and public services.As a result,It can be divided into organization type and contract type.The latter is divided into the contract-out,concession and compound type in further.Chapter 2,the change of theory and the reality trouble caused by ppp.ppp as a means of administrative innovation,prof freeman called it the third way of administrative law,and contributed to the new paradigm of administrative law.From the basic theory of administrative law,we discuss the limited government and the control mode,the welfare state and the service mode,the good state and the cooperation mode of administrative law which towards the cooperative governance.Secondly,with the attention to the public administration,it promote the normalism of administrative law to the functionalism,the research of ppp would continue the path and will promote the compromise of normalism and functionalism;the third,we should analysis the building process of public law system and rethink theprivatization of public law due to ppp,and clear that the privatization is the effective response to government intervention and broaden the scope of public law.The last,finally,it is necessary to sum up the risk of ppp and practical difficulties as the basis of legal regulation.Chapter3,the legislation of ppp.The legislation is necessary due to the crisis of the public area into private law,which threat the value of public law such as fair,open,participation,legitimacy and so on.First,it is necessary to invest and summarize the history and type of legislation in other countries and areas and it would promote the legislation of ppp in China,second,the separation style of legislation in the field of infrastructure and public service is impossible because the range cannot be distinguished,Finally,we suggest that the legislation Suggestions should be carried out in accordance with the step of ppp procedure and the different categories of public products and services.Chapter 4,judicial supervision of ppp.Public law is better than private law in resolving disputes,restricting power and balance the public interest and private interest.Secondly,the ppp can be divided into selecting partner part and phasing behavior of administrative contract part as the basis of judicial review with the analysis tool of the theory of double order.Again,it is limited to use the administrative behavior theory to analyze the complement ppp relationships,and the legal relationship theory become an important tool to analyze complex administrative activities.Finally,It is clear that the judicial review of ppp is different from traditional administrative behavior and administrative contract,the new judicial review of ppp should be established on multiple legal relationships,which contains the foundation of the right of claim,the right of prosecution,review intensity as well as sentence type and so on.