Research Of Administrative Entrustment System In Our Country

With the expansion of administration scope, and complication of administration business, in order to further enhance the administrative efficiency ,the administrative organ often gives its own authorities to other organizations to exercise by the way of entrustment. The administrative entrustment becomes an important content in the modern administrative Law gradually. But our legislations at present is imperfect to the administrative entrustment stipulation, still have many problems. The administrative entrustment has not been made the unification stipulation, the entrustment jurisdiction has not been made the explicit legal limit, the entrustment object has not unified standard;In the practice, the administrative organ entrusts randomly. The entrustment behavior is illegal;the entrustment procedure is not standard. Theoretically, although the administrative entrustment had already entered the administrative law scholar's field of vision, the scholars begin to attach importance to it after publishing administrative procedural law and administrative punishment law. Moreover, the research only is restricted in the concept, the characteristic and the constitutive requirements. The deeper research fruit is rarely seen. Facing the flaw legally, the chaos practically and insufficiency theoretically, it is necessary for us to make a deeper research to the administrative entrustment system.The author carries on the elaboration from four aspects to the administrative entrustment system through the comparative analysis and the dialectical analysis methods. The first part is concept definition of the administrative entrustment. Through comparison of administrative entrustment and the correlation concept, the author has accurately definited the meaning of administrative entrustment. The administrative entrustment is one kind of legal system or the legal act. The administrative entrustment is that the administrative organ entrust the certain condition other organizations to exercise part of administrative authority, and the other organizations undertakes the legal consequence In order to achieves the administration goal well. The administrative entrustment belongs to the administrative contract Inessence. The second part is the theoretical base of administration entrustment. The governance theory and the administrative power dividing theory is the solid theoretical foundation. The third part is the present situation of our country and foreign administration entrustment. In the first place, the author briefly introduces the administration entrustment system of more developed Holland, Spanish, French and our country Taiwan area. In the second place, the author thoroughly discusses all sorts of questions in administration entrustment from legislative and practical aspects in our country. The fourth part is the construction of administration entrustment system. The author proposed the concrete conception from the aspects of principle, constitutive requirements, procedure, and responsibility.Finally the author pointed out that, the perfection of the administrative entrustment legislation should begin from two aspects: On the one hand is the consummation about the administrative entrustment entity legislation. The author suggested stipulating principle, procedure, main body, right and duty, responsibility and so on;On the other hand is the strengthen of the administrative entrustment procedure legislation. The author suggested making the comprehensive stipulation to the administrative entrustment procedure in the administrative proceduraMaw. Before the administrative constitutive law and the administrative procedural law,.the State Council should make the systematic stipulation to the administrative entrustment related question by the administrative rules and regulations way as soon as possible in order to solve "be unable to depend on law" and "be difficult to depend on law"...