On State Guarantee Responsibility In Administrative Tasks Privatization

State guarantee responsibility is a duty that rights and interests owned by peoplewon’t be interrupted after nation guarantee privatization, rather than simplyreference to the guarantee compensation paid by the country for damage orcompensatory payment because of the private administrative subject performingpublic affairs on government’s behalf. caused losses to people afterprivatization.This thesis is based on classification of G.F.Schuppert, a Germanscholar, who distinguished state responsibility into performance responsibility,guaranty responsibility and restraint responsibility, and discusses state guaranteeresponsibility which the state shall undertake in state role changes according to thedifference of national nature and mission. The author believes that national guarantyresponsibility shall be undertaken by the country and cannot be exempted indifferent types of privatization forms. The author start by the two points of view,i.e.norms of administrative procedures and norms of administrative contracts to limitprivate subject and urge it for performing a administrative task.Then from theperspective of the state compensation liability to limit the subject,in order to ensurepromotion and supervision of the state after administrative tasks privatization.The thesis is divided into four chapters. The first chapter is mainly neatenrelevant concepts about state guarantee responsibility. On the related concepts, it isagreed that state guarantee responsibility includes State Responsibility, supervisionresponsibility and further extend it. Due to Administrative is a national duty inreality after Privatization. Nation have responsibility to pay compensation underspecific conditions.with the damage made by privatized organization is equal to thatcountry made to people.Also, the first chapter is the induction of publicadministrative privatization, administrative tasks privatization, state responsibility,types of state guarantee responsibilities and description of the characteristic of stateguarantee responsibility. The Second one presents the theoretical foundation andresearching status quo of state guarantee responsibility. At first, the thesis researches the constitutionality base of the state guarantee responsibility and analyses the sourceof the responsibility and then analysis it on the basis of its premise by examples.After that, it sorts out the research achievements domestic and overseas. As for theabroad research, it is mainly based on the practice in Germany and Japan, whereasthe domestic research is based on the practice and theory in Taiwan. The third onestudies the forms and norms of state guarantee responsibility whose core purpose isto promote public welfare actively.The purpose of state guarantee responsibility isthe legitimacy of the state guarantee private person and society execution task andhow to promote public welfare to come true, The author also thinks it can be dividedinto forms (governing means) and legal norms.this chapter discuss tightly aroundform and norm of state guarantee responsibility. The fourth chapter is the expansionof state guarantee responsibility---state compensation liability. The author thoughtthat compensation should not be undertaken unconditionally by state, meanwhile,private subject should be punished in order to act out the efficacy and build up asense of responsibility. At the same time, and it should take punitive measures topublic subject and the responsible due to state compensation had happened (statesuffer actual losses) thus, reservedly restrict public subject to nonfeasance afterprivatization.