The Research Of The Administrative Litigation System Predicament And Countermeasure Under The Background Of Public-private Partnerships

With the advancement of the process of political democratization, administrative areas are also moving in the direction of democratization. Administrative activities gradually emphasize respect and absorb private will, hopes to engrave legislative process in administrative process, which base on the majority opinion, rather than just stress the government’s decision. At the same time, modern administration transition from intervention administrative to service administration, governments need to respond to a significant increase in transaction, so government failure occurs, while private capital, knowledge,enthusiasm and experience etc can help governments cope with these difficulties. Therefore,traditional unilateral management gradually replaced by public-private partnerships.Public-private partnership model not only reflected democratic participation, but also reduce government pressure, improve administrative efficiency.With the use and development of public-private partnerships, private entities can control public power and perform public functions, administrative activities has undergone tremendous changes. The main administrative activities involved gradually diversified,equalization, administrative activities no longer rely solely on coercion unilateral administrative act, Informal, non-power administrative action increased, the rules of administrative activities become more diverse, administrative activities are more transparent,transmission of information and knowledge more quickly. Changes lead to its administrative activities initiated administrative dispute also changes, types of administrative disputes diversified gradually, administrative disputes to diversify and administrative disputes relations become equal. Due to the current administrative litigation system in China, it was established in the traditional control mode, targeted to solve controversy caused by traditional administrative activities. While with the shift in administrative disputes, established in traditional administrative mode administrative litigation system started to show its deficiencies. Therefore, this article is in the context of public-private partnerships, analyze and make adjustments to the problems faced by the administrative litigation system. The firstpart of this article analyzes public-private partnerships implications and its type, as well as the impacts on the administrative approach; The second part analyzes the transformation of the way of administrative changes resulting in administrative disputes; The third part analyzes the change occurred after the administrative dispute, and which aspect the administrative litigation system is inadequate, what difficulties it faced, such as plaintiff qualification,litigation mediation, Rules application, allocation of responsibility of put forward proofs etc.The fourth part is catch up with the countermeasure to the plight faced by the administrative litigation system.