The Research On The Liability Of Authorized Party In Administrative Entrustment

In Western societies ruled by law, the administrative entrustment system has become their indispensable part of public administration, with a more mature theoretical study and practical operation. With the practical needs of economic and social development, the administrative tasks have been increasing gradually. In order to improve administrative efficiency and strengthen administrative effect, the scope of the administrative entrustment expands constantly and organizations or individuals entrusted to exercise authority have become a common phenomenon. Obviously, administrative entrustment also plays an irreplaceable role in our country. However, there is no harmonious interaction between administrative subject and authorized party in the administrative practice and many problems are exposed. They are reflected some aspects as following: What the authorized party can do is unclear, which makes it difficult to attribute responsibility to themselves. The legal rights and obligations between the parties of the executive commission are unequal, with result in indefinite boundary of their liability. The species of the main responsibility delegated to authorized party is unclear and non-legal. Bearing the responsibility not directly leads to poor oversight of their behaviors. Because of these problems, we can see that improving administrative commission is important for theoretical significance and innovation of judicial practice. In this article, comparative, analytical and dialectical methods are used to elaborate a comprehensive statement, the solutions to issues involved when internal accountability after the main responsibility entrusted in administrative commission. We can conclude it from the following parts: First, a unified law should be formulated to clear delegated authority. Secondly, conclude a written contract about administrative commission to fix entrusted legal rights and obligations between the parties. Again, clear the kinds and specific bearing ways of the main responsibility entrusted. And finally, strengthen the supervision of the specific circumstances of principal responsibility, mainly including the oversight of National People’s Congress and Local People’s Congress and higher authority of the administrative organ.In addition, I think that we can do something like this to solve the legal issues on the liability of the authorized party effectively in administrative entrustment: First, improve the related provisions to stipulate entity system on administrative entrustment. I believe that, the basic principles of administrative commission, delegate object, duties and powers as well as the rights and obligations should be stipulate specifically in the administrative organization law in future; secondly, clear the procedural provisions related to administrative commission. Through the development of the Administrative Procedure Act, the program administration would be commissioned comprehensively. And before the formal introduction of the relevant laws, the highest executive body should solve the main issue of the integrity in the form of administrative legislation to satisfy the requirements of the administrative practice. It is good for avoiding the phenomenon of illegal reality, such as "no legal basis" or "hardness to comply with law".In addition, I believe that to be an effective solution to the legal liability system of administrative commission entrusted to bear the main problem, you can also start from the following two aspects, one is to improve the relevant legislation on administrative entity entrusted system. I suggested that the principle, subject, object, and delegated authority to delegate and delegate administrative rights and obligations of both parties to make clear that in future improve the administrative organization law; another aspect of the program is to strengthen the executive commission of the relevant legislation. Commission a comprehensive system of administrative regulations by the Administrative Procedure Act. And before the relevant laws came into effect, reality intruded demand, the State Council as soon as possible by way of executive and legislative issues related to systemic administration commissioned provisions to effectively solve the administrative practice of the commission, "no legal basis" and "the law difficult according to the " embarrassing situation.