Administrative Behavior In Private Law

The present paper focuses on the tendency of administration to private law which initiates the public administration domain profound transformation. From the administrative law angle inspection administration private behavior to the administrative law the impact, the response which as well as the administrative law should make, hoped for that the administrative law can with take its background public administration's development synchronization, causes the administrative law while the effective addressing public administration transforms legal matter, can also realize the administrative law system's self-renewal. Therefore, the present paper is divided four parts.The first part conducts the research to the administrative private behavior's concept and the significance. Tries in the Administrative private behavior produces in the background promulgates its connotation. Traces most early to the Administrative private behavior's concept research to the France's Brown spear case. But appears to the administrative private behavior's system limits in by enjoys a good reputation the world rigorously Germany, proposed most early this concept's person is Hans. Professor Wolfe, he, in classified the research to the administrative action in the foundation to propose administrative private behavior concept. The author inspected the UK-US country privatization movement afterward, discovered quite interestingly in does not have the public and private method division tradition UK-US legal system not to have the administrative private behavior concept theoretically freely, but actually has the similarity in the practice with the administrative private behavior. In the UK-US country, the similar condition calls it "the public and private partner cooperation". After such research, the author ponders other question naturally: Why will the administrative private behavior the tidal current around the world? This involves to the present paper administration private behavior significance question.The second part mainly divides into two questions. The first question studies the rationale - - public and private method dual discrimination theory which the administrative private behavior produces. The author in combs, the critique and in the reconsideration foundation to the public and private method division theory draws a bold conclusion: The mainland legal system country in the public law and the civil law blend mutually under the background, how to deal with the integration of public law and private law challenge, not only should not deny that the public law and the civil law difference, just the opposite, should does thoroughly, the careful research to the public law and the civil law division. Also, should not abandon the mainland legal system in system's construction the tradition, takes shape with the aid of the administrative private behavior "the tool" to have the practical significance actually like this. The second question has discussed the administrative private behavior nature emphatically. This question links up mutually with the first question. Is actually the administrative private behavior the public behavior or the civil behavior? The author draws the conclusion in the first question's cognition foundation: The administrative private behavior is already not the complete public law behavior, is also not in the typical significance civil law behavior, but fused the public law and the civil law, has both the public and private attribute one behavior.The third part researches the scope and type of administration private behavior. It can be divided into three small parts. First is the administrative private behavior's suitable principle; Second is the administrative behavior's suitable condition; Third is the administrative behavior's suitable domain. These three parts are linked together, have the intrinsic logical relation. The scope of administrative private behavior impossible infinite expansion, but does the essential question lie in this scope the boundary in where? The author has collected the massive full and accurate material in this part, proposed own original view in various countries' related experience's foundation. Actually it's the present paper research's key point.The fourth part is research of administration private behavior's legal rules and regulations. This part of research divides into three small questions. First is the negative problem analysis which the administrative private behavior possibly initiates. The author in various countries' practice's foundation, embarks from administrative private behavior's intrinsic logic, the selective analysis administration civil law behavior has possibly produced negative effect. Including the possible crisis social justice, to harm citizen's procedural right, increases the social risks, causes the government responsibility the fuzzy four aspects. The second small question has discussed the administrative private behavior's legal rules and regulations. The author from protected the citizen legitimate rights and interests angle embarking to propose should from the legal basis, the programmed control, the government responsibility three aspects regulate. The third small question has studied in the administrative private behavior, what role should the government play. Mainly has profited from the Western country successful experience, belongs to the system construction suggestion.