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The Response Of Administrative Law Under The Background Of Collaborative Governance

Posted on:2017-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2296330482990881Subject:Law - Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Cooperative governance has increasingly become the mainstream mode of governance in modern society, both in the concept of governance or governance, it has significant differences from the traditional government of social affairs unilateral control or service, to adjust the administrative action of the government for the purpose, the traditional administrative law will undoubtedly need to make this the appropriate response to the rule of law. How to understand and analyze the specific operation of this governance mode, and on this basis, this paper puts forward how to respond to the traditional administrative law, that is, the purpose of this study. In this paper, the theoretical research and practice of case study and comparative research method combining, starts from the cooperative governance theory, a preliminary study of the characteristics of cooperative governance model, and reason of cooperation governance development, cooperation governance and social autonomy and participation in the governance of the relationship, and puts forward the most typical of the two ways, namely contractual regulation and public service in the public-private partnership. Then using the research methods from the abstract to the concrete, the cooperation mode of governance in public-private partnerships to provide public services typical, namely PPP mode of in-depth study, from the development scale and Prospect of PPP, PPP model of specific cases, the concrete operation procedure of PPP to key factors of PPP contracts, government orientation, risk revenue allocation mechanism, to the PPP project in China at present, thus to analyze the this model of governance in public-private cooperation on the basis of equality and benefit sharing, risk sharing and the spirit of rule of law, the spirit of contract, the importance, reveals the cooperation governance model and the traditional public administration, especially the huge difference in the administrative service. On the basis of the above, it is proved that the traditional administrative law must have some limitations, such as the scientific rationality of the administrative process and the corresponding response to the new public and private partnership. Both the basic theory of traditional administrative law, the administrative organization law, the administrative procedure law and the administrative responsibility law and so on, all need to carry on the reform, or reconstruct, or expand, or replace. The "new administrative law" is the product of the traditional administrative law to respond to and after structural change, and it will be the focus of the future research and discussion of the administrative law.
Keywords/Search Tags:Collaborative governance, regulation, PPP, New Administrative Law
PDF Full Text Request
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