The Analysis On Socialization Of Governmental Funciton In Administrative Law

Various kinds of social administrative bodies mainly including grassroots, self-regulatory organizations, national enterprise units and part of non-government and non-corporation units but except for the governments are playing an increasing important role in public management and service since the 20th Century, so the governmental function emerges a trend of socialization. Social administrative bodies are crucial carriers which make the socialization of governmental function move effectively. The paper analyses interrelated problems about socialization of governmental function standing the point of social administrative bodies. Since the public management and service offered by social administrative bodies involve the right and interest of citizens, they need certain law to regulate and adjust, so as to ensure its management and service are legal and fair, and also guarantee that citizens can gain relieves when they are infringed by social administrative bodies. The socialization of governmental function makes a far-reaching influence on administrative law and which reflects as follows: the research content of administrative law enlargement, the administrative subject pluralism, the administrative legal relations complex, the administrative behavior mode diversification and the administrative relief way expansion. The traditional administrative law did not offer a reasonable position for the social administrative bodies as the carriers of socialization of governmental function, as a result, the social administrative bodies as a kind of administrative subject face a passive and uncertain condition, administrative remedy lies in a dilemma situation, lack of information openness and public participation, cause accrual disunity and so on when socialization of governmental function is carried out. All these requests us to update the scope of existing administrative law research .In the end of the paper through some superficial system designed by the author, such as by extending the limits of administrative subject to clear the legal status of social administrative bodies, through the administrative procedural law to regulate the process for government to choose the right social administrative bodies, through enlarging the approaches of administrative relief and expanding the scope of social relief for social administrative bodies, through perfecting supervision mechanism to guarantee the socialization of governmental function to work actively and reliably, with the hope that socialization of governmental function can get the effective governance under the administrative law, eventually move smoothly and provide citizens with more excellent and broader service .