Thinking On Public Administrative Privatization In Administrative Law

Since the 1970s, the big atmosphere which every country's government in the world would face is that the public administrative affairs which must be handled multiplied further, but the available economic resources controlled day by day. The public expect that the government should offer more and better service which can not be reached because of lack of sufficient resources. Moreover the increasing diversity and complexity of the public administrative affairs make the traditional government's structure, the running procedure and the administrative staff embarrassed. The ineffective government makes people begin to doubt the efficiency which the administrative country controls all the public administrative affairs, then a campaign of new public management which aims to change the traditional administrative pattern and is oriented by the market is carried out in the world like a raging fine; the privatization is the center of the reform. At present many countries are practicing the privatization. No matter which kind of social system and developing degree, the public administrative privatization has become a worldwide tendency.The first part of the thesis is the introduction which explicates the basis of collecting the topic, the analyzing circumstances, task and significance. Since the public administrative privatization to which the economics circles and the science of administration circles pay close attention has become a worldwide tendency. The thesis analyzes the process of the public administrative privatization from the angle of administrative law, and concludes the effect which the applied privatization will bring to administrative law. The second part is the basil theory of the public administrative privatization. It first makes clear definitions of the public administration and the privatization, later makes a deep analysis of the background in vehicle the public administrative privatization occurs. The government's embarrassment is the direct reason of the public administrative privatization, in effective in managing the public facilities, lower in the quality of the public service and unsatisfied to meet the public service requests. The economic development has turned to be a primary cause to improve the public administrative privatization, and the more economic theories provide the theoretical supports for the public administrative privatization from the following three aspects, the public optical theory is the theoretical basis of the economics, the new public managing theory is the theoretical basis of the science of administration and the public profit theory provides the theoretical support for the exertion of the privatization from the science of administrative law. At last it deals with the significant of the execution of the public administrative privatization. The third part demonstrates the developing circumstances of the public administrative privatization, it presents the executive conditions and characteristics of the English and American public administrative privatization respect, at the same time it makes a comparison between the differences which exist in the executive circumstances of our country's and English and American. The fourth part states the execution of the public administrative privatization from the angle of the science of administrative laws. It demonstrates the boundary of the public administrative privatization, the law priority and the law reservation, the supervision of the public administrative privatization and the recession of the government, the protection of the public administrative privatization and the normal administrative procedure. The last part mainly discusses the influence which the execution of the public administrative privatization will create on the science of administrative law, including the influences on the developing tendency of the private law in the science of administration, the plurality in the administrative subject, the complexity in the relationship of the administrative law, the diversity in the pattern of the administrative act and the administrative redress.