Theory Of Administrative Commission Clause In The Administrative Procedure Law

With the expansion of administration scope and complication of administration business, in order to further enhance the administrative efficiency, the administrative organ often authorize its own function and power to other organizations to exercise by the way of entrustment. Administrative entrustment is an effective measure to promote administrative efficiency and competitive powers to reply the expanding government tasks. Meanwhile, along with privatization waves, the scope of administrative entrustment is broadening to public security. Academic circles has noticed this phenomenon, and realized that administrative entrustment should be limited. And it’s the major question that this dissertation will work out. The dissertation analyses the limitation of the administrative entrustment academically and differentiates public and private property and the administrative functions to defines what matters can be entrusted. Interposing administrations are related with important public rights so it must be ruled by law and the powers of administration of the administrative organs couldn’t be entrusted while the benefit-distribution powers are not all in the basis of public administrative power with low power of coercion. There are no requirement that only through strict rules should the administrative power be entrusted, and the administrative organs have more discretionary power.The dissertation makes a comparison between the study on the administrative entrustment home and abroad to perfect our system of administrative entrustment comprising of the scope of mandatory and powers, basis of entrustment, items entrusted and so on.The dissertation innovates in the issues of analyzing the economic relations of benefit among the administrative organs, mandatories and the citizens, and makes the analysis of game playing on the benefits and efficiency between the final agency of mandatory and the citizen of the initial entrusting people. To make it clear that independent system of administrative entrustment and the oversight mechanisms should be made.