Research On The Public Administrative Power Of The Third Sector In China

Since the reform and opening up,the social system and structure of our country has dramatic changes during the surging tide of economic development. In this process, not only the relationship between government and enterprises had hitherto unknown change,the third sector(the social subject)also appeared,consistent with the government and the market subject.And with the transformation of government functions, the third sector owns more and more the public administrative power in social management.According to the existing academic research and practice rules,our concerns on the public administrative power(the public administration)and the public power are obviously not enough,under the background of structure of "state- society-market". The relevant legal issues of the public administrative power need to think and explore urgently.On the basis of knowledge and research of sociology, political science, economics, organization theory, public management science,philosophy, jurisprudence and other disciplines,the author attempted to make a preliminary try from the perspective of our country public law,especially administrative law.This paper consists of four parts,namely introduction(including basic problems of the third sector), the study of public administrative power of the third sector in China, the current situation and related suggestions of public administrative power of the third sector, conclusion. In the introduction,the author introduced the background, current situation of research at home and abroad, the significance of this topic, research methods and the basic problems of the third sector. In the second part,which is the core of this paper, the author divided the public administrative power of the third sector into three sections, and studied its body from five aspects, including the analysis of the connotation and the source of power, law nature and characteristics and the legitimacy of this power analysis.In the third part,the author made theoretical research on the operation status of the power and the related reasons from the external perspective of social practice, and gave some suggestions about the design of the system. In the last part,the author made corresponding summary of this problem.After the comprehensive analysis, the public administrative power of the third sector is management right of public affairs in social activities, including national administrative power and public administrative power. However,not all the third sectors have all of the power.The law nature is different from the source of this power during the process of different activities.There are two main sources of the public administrative power of the third sector:national authorization or entrustment and contract among members.Correspondingly, the former has the character of administrative power,while the latter is the public power about public administration, which has the limitation of effectiveness and the dualism of function.The legitimacy is the agreement of the general law of development between administrative decentralization and administrative power, the administrative decentralization accords with the development trend of the administrative power in our country.Social public administration is beneficial to democracy and the improvement of public management efficiency.Based on the special social background of China, the disposition with the relations between the third sector and government is not smooth, causing the public governance power content is less clear, operation is not standard, some normal supervision is absent.Therefore,how to rationalize the relationship between government and the third sector has become the most important problem on the design of the system.Specifically, clearing the content of the public administrative power of the third sector from the legal level,accelerating the transformation of government functions from the practical operation level, normalizing the operation and supervision of the public administrative power of the third sector from many aspects.