The Study On The Several Issues Of Administrative Private Law Acts

Administrative private law acts are new acts administrative organs or authorized organizations who utilize private forms to realize administrative purposes or tasks and have the natures of both public law and private law. Because those kinds of acts have vital theoretic values and practical significances, they are favoured by governments in various countries day by day, although they have not aroused the deserved concern in the administrative law circles home and abroad. The most important nature of administrative private law acts is the combined nature of administrative law and private law, which separates from that of administrative acts and civil acts. Those kinds of acts not only can be classified in theory ,but also can display in practice, such as government subsidy, administrative private contract and so on. Under the cooperate influence of public law and civil law , administrative private law acts emerge as a significant tendency, but those acts have application limitations, i.e. applicable conditions and applicable scopes. Analysing, introducing and reviewing the basic principles of application of law in administrative private law acts in various countries, the author draws a conclusion that China's administrative private law acts should be subjected to private law in general , while they should be limited by the fundamental principles of public law. For this mixture acts of public law and private law, we should legally restrain administrative private law acts by using public law and private law, and forge"the mode of cooperating restraint by public law and private law", that is , administrative private law acts should be restricted by the principles and rules of law influenced by the new ideas, should be subjected to administrative private procedures, and should be implemented in dual relief according to the dominated nature.