The Administrative Legal System Research On Utilities Privatization

Since the 1970s, as the public affairs increasingly diversified and complicated, the traditional"almighty government"model was hard to meet the requirements of social development, the government's failure impelled people to think deeply of management deficiencies of the government monopoly on public enterprises. Thus,"the more rely on folk organization, the less dependent on government to meet public demand"activities urge the utilities privatization movement began to rise. This movement is believed original in Britain, soon has been expanded to the whole World.In our country, utilities privatization system has been basically established, but compared with Britain and America, China's public utilities privatization is still in its infancy, every link is lack of corresponding regulation. We need to learn the advanced of foreign related system, meanwhile closely combining the specific conditions in China, push utilities privatization system constantly improved.This article is based on the systematically research of utilities privatization. It is divided into five parts. The first part, basic cognitive about"utility""privatization"; The second part, the boundaries of privatization, it includes: the legal boundaries, the boundaries of item scope, the boundaries of realization degree; The third part, the application of utilities privatization in each country, analyzes the privatization of the public utilities in foreign countries and the existing problems and lessons, the reality of the situation in China, the model selection, the existing problems; The fourth part, analysis in administrative jurisprudence theoretical of utilities privatization; The fifth part, perfect our country's utilities privatization in administrative regulation, include: enhance and perfect our legislation,insist on planning in accordance with the law,set up an independent regulator,realize separating the government from enterprise, establish rationalization system,guarantee the procedural justness,strengthen the government credit,regulate the assumption.