Research On The Government’s Duty During The Privatization Of Public Utilities

Privatization becomes a significant social governing manner in varies of countries from 1970s.So do the China.However,privatization,which proclaim high-efficiency, low-cost and could offer good services, doesn’t pass the text of practice. In contrast,reverse privatization now becomes the new trend of privatization in contemporary countries. The emergence of reverse privatization does not mean that the privatization has already completely failed,and not mean that importing the private power to public governing is a wrong choice.Simply impress either the function of government or market is not a rational thinking way.In fact, the privatization and reverse privatization,which have different proportions in different periods,both exist. We should consider the changing proportion between the privatization and reverse privatization in an rational way. We will limit the consideration in context of China in privatization of public utilities. We hold the idea that the reason why privatization fails in numerous countries is that the government lose it’s duty in the process of privatization of public utilities.Hence, it’s important to describe the duty of government in the privatization of public utilities systematically and completely.The government duty in privatization of public utilities concludes two levels of meaning: firstly, the government should fulfilled it’s responsibilities in the process of privatization of public utilities,which we called general government duty. General government duty includes the duty in theaccess,operation and abnormal quit of privatization of public utilities. Secondly,government should bear the unfavorable effects when government violate it’s general legal duty, we call it special government duty.The special government duty includes four types of government duty:the duty of administrative omission, of overstepping of authority, of abusing of authority and of violation of legal procedure.The general government duty,to a greater extent, shows a dynamic and procedural description of the government duty in the privatization of public utilities.The special government duty primarily presents a static delineation of government duty when government violate it’s general duty.Only when The procedural-resultant and dynamic-static bi-directional depiction of government duty are realized,can we get the rational knowledge of the government duty in the process of privatization of public utilities.