Research On The Application Of Administrative Private-law

Administrative private-law is a new type of non-power administrative way that administrations as one party completes administrative mission to realize public benefits, and it has both features of public law and private law. While service administration is established and the administrative way of government is changed, administrative private-law has important meaning of theory research and practice. The relationship between public power and private right is a main line in the administrative law. In exercising public power, the difference between administrative private-law and conventional administrative way is that the former demands to protect citizens’ rights in maximum limit, make citizen to participate the process of exercising administrative power in maximum extent and limit the public power. Compared with foreign mature administrative private-law theories, the domestic scholars most concentrate on the study of its contents and nature,they hardly study the application of administrative private-law. The article which is based on the present research foundation propose the perfect advices, through reflecting the dualism of public-private to explain the application of administrative private-law and the principles of it with our country’s condition.The article is consist of five parts. The first chapter is the conceptual category of administrative private-law, it mainly interpret the contents, nature and features of administrative private-law, and compare them with other relative concepts. The second chapter is the rationality of administrative private-law, it through reflects the dualism of public-private to prove the rationality from the perspective of the commonality of public-private and the cause of administrative private-law. The third chapter is the scope of application in administrative private-law and the principle of administrative private-law, comparing with foreign theories to define our country’s scope of application in administrative law. The fifth chapter is the administrative private-law in our country’s perfection, it proposes the advice of improving the domestic administrative private-law’s application through analyzing our country’s condition.