On Administrative Entrustment

The thesis begins with the analysis on the definition of administrative entrustment and enumerates different domestic scholars'definitions to it at present. In addition, it makes deep analysis on them, discusses the advantages and disadvantages of the two opinions and gets the definition of administrative entrustment. Administrative entrustment refers to a kind of law system or action that in order to achieve the aim in administrative management, administrative department entrusts part of administrative authority to the organizations or individuals outside administrative department and assumes the relevant law result directly under the condition that it can not operate personally this part of power. This definition clarifies the law, law basis of administrative entrustment, presumption, process, main body, content and basis of entrustment. At last, the author raises his opinion of improvement of administrative entrustment.This thesis consists of 4 chaptersChapter 1 begins with two different opinions of administration and states different ideas. The author suggests that the client should be the main administrative body of administrative entrustment, and it should not only be limited to the "executive", the content of the administrative entrustment should be "administrative functions" and should not include "some matters", the object of the administrative entrustment should be "in compliance with the statutory conditions of other administrative body or organization" made of four aspects as concludes: administrative entrustment is a consensual act by the two sides, the client consents to be subject to the final establishment of the author presented the concept of the administrative entrustment.The administrative entrustment is the executive administration in order to achieve the objective of self-control can not be exercised personally by some of the administrative authority under the law to some administrative functions entrusted to the executive branch of eligible organizations, or individuals other than the use of the exercise, and by the executive directly bear the legal consequences of a corresponding legal system or a legal act. In the end, the author gives the definition of administrative entrustment, introduces the features of it and discusses the differences of relevant definitions.Chapter 2 is the theoretical basis of administrative entrustment. In practice, the administrative entrustment on the specific provisions of the missing, which commissioned the executive arbitrarily occurred from time to time, have a lot of social problems. Theoretically, even though the commission has already entered China's administrative law scholars focus of research, but their real concern and attention in the "Adninistrative Procedure Law of the People's Republic of China" and the " Law of the People's Republic of China on Administrative Penalty " and other relevant laws promulgated after the start. First, it analyzes the reasons for the emergence of administrative entrustment---- in our life, the malfunction of market causes the expansion of administrative power and the malfunction of government also causes the existence of administrative entrustment. At last, it provides the theoretical support of improving administrative entrustment through the statement of power division theory and management theory.Chapter 3 is the condition of establishing administrative entrustment. The establishment of the administrative entrustment is the principal executive and the relationship between rights and obligations between the formation. Once set up the administrative entrustment, the parties are legally binding, non-legal reasons for not free because of the lifting. The administrative entrustmentwas established by the exercise of administrative functions client the basis and prerequisite for the executive to exercise commissioned by the clients of the legal consequences arising from the terms of reference of the basis and foundation, or individuals, organizations should be consequences of the activities of its own. Through the administrative entrustment the legal basis of the conditions of the client, the client's condition on three aspects, from the entities to discuss the elements of the commission set up to the law expressly provided for under the administration commissioned the strict conditions of the legal restrictions.Chapter 4 makes the imagination of improving our administrative entrustment. First, the author states the condition of administrative entrustment abroad and the problem of our administrative entrustment. Practice has been commissioned to the good quality of buckwheat missing, some simply do not have the basic conditions for the exercise of executive powers and qualifications of organizations and individuals has also been entrusted with executive powers, with the result that the abuse of executive power, resulting in a large number of administrative law, but also damage the government's image and undermine the people's trust in the Government. Whether all the executive powers of the executive can be commissioned as the object? If not, then what power can be entrusted? What executive power can not be entrusted? Legislation on these issues are not clearly defined. In real life, the majority of the commission did not strictly follow uniform procedures, or even perform a minimum of formalities, there are a lot "verbal commission," making commissioned by the rights and obligations of not clear, commissioned by the deadline unknown, a problem difficult to clearly define the responsibilities after. Practice, the executive supervision of the re-commissioned light phenomena are quite common. Some of the executive will be commissioned by the Administrative out regardless of the future will be free, regardless of the process or just the result only concern was whether the commission completed a commissioned work, but asked the commission is how to manage, resulting in the uncontrolled commissioned . The existing laws, regulations, administrative provisions in the administrative entrustment there are no standardized terminology not unified situation.Based on these problems, the author then makes five points of improving the system of our administrative entrustment: establish the principle of administrative entrustment, enact the condition of administrative entrustment, regulate the procedure of administrative entrustment, clarify the responsibility of administrative entrustment and strengthen the supervision to administrative entrustment.Through the above discussions, the author draws the conclusion: That summed up all kinds of circumstances, the main responsibility of the corresponding responsibility means and forms of administrative responsibility to implement the principle of carefully chosen by the client to client, and the executive commission after commission to strengthen the supervision and management, urged by the client commissioned by the legitimate exercise of the terms of reference, relative to maintain the people's interests.Only strengthen the relevant law of administrative entrustment and improve the law basis of it can we solve the disordered situation of"no law to obey"and"law that is hard to obey"of our administrative entrustment.