The Legal Regulating Of The Public Administrative Privatization

Privatization of public administration has been one of the most influential vocabularies since1980s’. With its study and development, the outline of public administration has been changed, and the foundation of traditional Administrative law also has been shaken. As the product of public administration reform, privatization of public administration is the reflection on government failure under administrative state, the adjustment and review of government functions. Now privatization has been a global trend since Thatcher Government’s under the influence by Neo-Liberalism. No matter in Capitalist Nations or Socialist Countries, privatization has been implemented in many states, and is in the plans of enforcement in more states. The process of the reform and opening-up with increasing deregulation and adjustment of government functions within more the30years is actually the progressive practice of privatization. The movement of government slimming and market return means the retreat of public power and the involvement of private parties into public affairs, which not only improves government efficiency but also brings many legal problems, such as social justice, etc. All requires the respond from Administrative law to establish supporting mechanism for privatization, in order to protect public interest and promote the improvement and update of Administrative law itself. Preliminary study has been made in this paper from this respect. This paper is divided into four parts:The first chapter of the paper introduces the basic theories of privatization of public administration. This chapter is divided into two parts:the first part talks about the concept, characteristic, type and implementation manners of privatization of public administration; then, the paper discusses theoretical viewpoints of privatization of public administration in different disciplines distribution, analyzes the justification of privatization of public administration, and introduces the general problems in the legal regulation in privatization.The second chapter introduces and analyzes the domestic and abroad practicing status of privatization of public administration. The first part introduces the practicing status and legal regulation of privatization in UK, US, Germany and Russia, which includes Common Law and civil law, including the successful and the failed; The second part analyzes the domestic current situation of practice and legal regulation of privatization, discusses the historical development, reason, developing trend and meaning.The third chapter is about the legal analysis of privatization of public administration. This chapter mainly analyzes the value balance, function orientation and Means selection. Hereupon, not only privatization has its own justification, but also there is rule in the implementation manners of privatization, where the agreement is the main manner. It requires that privatization be regulated because of the mass use of agreement, and thereby the initial function orientation and final objective can be realized.The fourth chapter analyzes the legal regulation issue of domestic privatization of public administration. On the basis of the analysis on the problems in legal regulation of domestic privatization, this chapter puts forward the respond necessity of Administrative law from three aspects respectively:boundary defining, regulatory organization, judicial review. In the mean time, this part puts forward the improvement thinking about establishing the supporting institution for the sound practice of privatization.