The Public Welfare Legal Entity In The View Of Administrative Law

Public Affair Corporation is the third administrative subject besides the state and the local unit in continental-law countries. It is the form of seperation of powers which based on the public affairs. The enterprises in our country have some similarities with it on the point of function. If we could introduce the system of public affair corporation, we could solve the problem of the vacancy of justice in which our people, corporation and the other organizations can't go to court for disobedience to public administration by some enterprises. For this reason, the author suggests that we adopt a new term-public welfare legal entity to distinguish with public affair corporation. That is, the part of public affair corporations which are applicated to private law should be ruled out the scope of our public welfare legal entity.The theory of public affair which is initiated by L. Duguit, the famous administrative jurist in France, is the jurisprudence foundation to make our public welfare legal entity be the administrative subject. The relation between the public welfare legal entity and its users is the special power relationship. The important affairs concerning to people's basic right in the special power relationship are getting to be the object adjusted by the administrative law with the development of modern administrative law itself. So, the public welfare legal entity in our country should be supervised by these aspects such as legislation, administration and jurisdiction. By this, we can protect our people's legal rights more powerful and lead these legal entities act according to the orbit of law.When we define the legal character of the public welfare legal entity in legislation, we also need determine the scope of it authoritatively to made a clear distinction between this subject and its relevant concept, such as the private public welfare legal entity and the social intermediate organization. In this way, we could guide and standardize the practice of administration and jurisdiction.