Research On The Rule Of Law In Internal Governance Of Public-private Partnership

With the further development of social welfare movement,public-private organizations to cooperate in the implementation of administrative services,has become an important trend,promote the development of administrative organization,formed a special joint public-private organization has the characteristics of public and private.In the form of organization,the public-private partnership,the legitimate organization,can be identified as public-private partnerships,which has the power of determination,administrative and organizational.The internal governance of the public-private partnership is closely linked with the modern governance theory,which requires the internal governance to fully embody the characteristics of openness and inclusiveness,and to realize the diversification of the subject and object in the internal governance.Public-private partnership organization’s internal governance based on the original administrative organization and private organization,and has special requirements in the rule of law,which is to be more profound democratic governance,more flexible norms of governance,more specific local governance,etc.The public-private partnership has the special value structure of the law,the value principle is more diversified,and it highlights the value of the dominant position of the parties,forming a complex value structure.The rule of law,internal autonomy,balance of interests,honesty and credibility,legitimacy and other basic principles of law.As a new theory,the internal governance of public private partnership is based on the theory of traditional administrative law.It mainly includes: internal legal relationship,internal administrative law subject,internal administrative authority,internal administrative act,internal administrative procedure,internal administrative responsibility and so on.The specific system of internal governance of public-private organizations,including the allocation of functions,the establishment of institutions,personnel financial management.The main function of allocation is the allocation of administrative power,the specific circumstances need to clear the configuration,is authorized and contract,can be a form,can not a specific form,acquisition,allocation,and adjust the back link in the control by law.The establishment of the power of the organization is attached to the power of the allocation of functions,the form of institutions and the relationship between institutions are governed by the rule of law.Members of the financial management object public-private partnership organization,to realize the rule of law system,the main public relations to the private organization to extend further,implement strict access system and a relatively stable job security system,rights and obligations are more flexible.In the possession of property and property liquidation,the implementation of the rule of law.The internal relief of public-private partnership is more diverse,and its internal remedy is the choice of tendency,which is controlled,coordinated,bureaucratic,public opinion,quasi judicial,etc.Judicial remedies need to get out of misunderstanding of "internal relief restrictions",broaden the channels of judicial relief,relief channels integration of constitution litigation,administrative litigation,civil litigation,special administrative contract relief,special action,the formation of more extensive relief mechanism.