On System Of Privatization Of Public Administration

A privatization trend of public administration emerges in the international community since 1970s'. Privatization of public administration means an active participance of private sectors in public administration in different levels, namely to serve the public by nongovernmental organizations more but by government less. The deficiency of the traditional bureaucratic government, in this way, could be avoided; and the public can also be served more conveniently in the multiple and complex condition of civil affairs. The foundation of traditional public administration could be completely changed by the world-shaking reform, therefore the administrative laws which regulate the public administration should provide a mechanism that can solve the problems occur, secure the privatization with right system and guarantee the privatization be fair, justice and safeguarding the citizen's welfare. The thesis studying the above issues is constituted with the following four parts.The first part of the thesis introduces the basic theory of privatization of public administration. First of all, the concept and the type of privatization of public administration is explained and the relative concepts are analyzed. Then the thesis examines the background of privatization of public administration. And the necessity of constructing system supporting the privatization of public administration is also elaborated.The rationales of privatization of public administration are presented in the second part, which is studied in the following four aspects: first, the relationship between efficiency and fairness in privatization is investigated in view of jurisprudence with the value analysis method; second, analyzing the theory support in the science of constitution for privatization of public administration, which is the theory of socialization of state power, in the aspect of state and society relation; third, analyzing the privatization in view of administrative jurisprudence that is transformation from administration by government to administration by public and other theories; and finally researching the rationale of privatization of public administration with governance theory.The present situation of privatization of public administration is illustrated in the third part of the thesis. First, the practices in foreign countries like UK and USA are introduced, and experiences pro and con in these countries could be used for reference. Second, the thesis studies the present situation of privatization of public administration in China and analyzes the problems underlying and, to make theory preparation for the system construction.The last part of the thesis proposes privatization system of public administration to construct. The system could be illustrated in the following five aspects: first, the boundary of privatization which could be determined mainly by the law reservation principle; second, the approach of privatization in which the administrative contacts function greatly; third, the process of privatization, meaning privatization should be done in due procedure; forth, the government regulation on privatization; fifth, the judicial review of the disputes arisen in privatization which could afford an better resolution to the disputes and ensure the privatization be implemented favorably.