The Boundary Of The Administrative Entrustment

With the expansion of government functions,the task of government function becomes heavier and heavier.The traditional system of government couldn't be able to adapt to the increasingly complex administrative tasks unless it unloads some functions.Under this background,administrative entrustment is widely used in many fields of administration.However,due to the lack of effective legal regulation and exact guidance,administrative entrustment causes many problems and these problems have challenged the administrative entrustment in turn.By investigating its reasons,we find that this phenomenon is more or less related to privatization which is a natural scene of public administration at present.It is not difficult to find that the development of administrative entrustment in China has gone beyond the current legislation and theory and this is not matched in a sense.The administrative entrustment shaped by practice at present is not the original sense of "administrative entrustment",but more similar to the introduction of the third side model to be known,and even more similar to the privatization.The scope is much larger than the original meaning of "administrative entrustment",and this leads to the result that many seemingly more refined and standardized rules provided by legislation,theory and practice are not conducive to solve the problem.Further,if's also not difficult to find that the heart of the matter lies in the lack of necessary thinking of the boundary of administrative entrustment.Therefore,it is necessary to explore the reasonable scope when using this government governance tool,which is a key to reshape our administrative entrust theory.The first part of the article briefly discusses the issue that the paper aims to solve.The insufficient theoretical construction and the lack of empirical perspective of care to administrative entrustment lead to fuzzy administrative entrustment,which causes many problems in practice.This thesis abandons traditional regulation path for investigation the problem and turns to determine the boundary of the administrative entrustment.And it starts thinking about the problem based on the background of privatization.The second part of the article presents the realistic condition of administrative entrustment of our country,then reveals the administrative entrustment problems and causes existing in the practice using the method of empirical.It points out that the ill-defined boundary of administrative entrustment brings lots of risks.The legislation's neglect concerns about boundary issues,unclear border of entrusted matters,and the excessively broad range of trustees are not only the principal problems but also the main causes of those frequent problems in practice.These problems can be attributed to the ambiguous boundary of the administrative entrustment.The third part of the article starts from combing the existing measures to improve performance,and points out that the general thought of countermeasures aiming to solve the problems in the practice of our country is to regulate.However,these measures don't work well due to that they do not come to the rub of the matter.Privatization triggers the deviation between practice and theory,which leads to the result that many refined and standardized rules provided by legislation,theory and practice are not conducive to solve the problems.Then it points out a more effective way to solve the problems,which is to explore the boundary of administrative entrustment,and this solution should be based on the reality that administrative entruustment boundary has been broken by the practice and at the same time the impact of privatization should be considered.The fourth part of the article attempts to determine the outer and inner boundary of the administrative entrustment to response the issues raised above.It begins with thinking of the administrative entrustment impacted by privatization,then defines the functional position and the reshape path of administrative entrustment in our country.It points out that the range of the trustees of the administrative entrustment should be narrowly interpreted;the entrusted matters should be comprehensively judged by combining with multiple factors,like public issues,efficiency and law reservation principles.At the same time,the research results of the boundary of privatization could be used as an important reference to study the boundary of administrative entrustment.The final part of the article is based on the broad prospects of the development of the administrative entrustment and privatization in China,and it emphasizes that the delicate relationship between the administrative entrustment and privatization should be carefully considered.The boundary of the administrative entrustment and privatization are not blend mutually,and they have their own operational fields.Administrative entrustment is a conservative form of privatization.The subtle relationship between privatization and administrative entrustment made it more meaningful to pay attention to the development of privatization.Then the development of privatization in China should be advanced gradually and carefully based on improving relevant supporting mechanism.