Regulation Of Administrative Law About Private Participation In Administrative Tasks In Our Country

The situation that private play roles in administrative tasks spreads widely and develops continuously,while the power of traditional Administrative Law is weak in our country.It is imperative to improve the regulation of administrative law in this field as soon as possible.From the view of Administrative Law and the present situation,we can learn fromthe theory that foreign private participation in administrative tasks,and then analyze a better eclecticism regulatory modewhich is more suitable for our legal system and practice requirements.On the basis of this mode,to divide the identity of the private participation in administrative task into four categories:the authorized private,the entrusted private,the administrative assistant,and the complete private.In defining the scope of private participation in administrative tasks,the negative and exclude method is supported.Combined with the characteristics of Administrative Law system in our country,we can get a more detailed definition of the scope of the administrative tasks that private participation through multi-dimensional and negative enumeration.Private participation in administrative tasks should never become a mere formality;otherwise the introduction of the system will be worthless.And so designing the procedural and substantive safeguards are good practices that ensure the effective participation for private.In the supervision system of private participation in administrative tasks,in addition to government supervision and people supervision,it is also necessary to set up an independent and authoritative supervisory authority.The standard way of quantized is beneficial to promote the concise and efficient for the supervision.Although the norms of private participation in administrative tasks are absent,but we should not focus on regulation and supervision only,give up on its protection.In order to play the role of the system better,we must respect it completely,so we should protect the right of the third person when the Authorized Private conflict with Administrative counterparts and it is also important to protect the right of the private when it conflict with Administrative Authority.This is conducive to protecting the enthusiasm of private participation in administrative tasks,and also conducive to promoting the Government improving the way of social management.According to the legal status of the private in the administrative tasks,the relief pathways for the third person are different when dispute arise,including administrative reconsideration and administrative litigation and civil legal norms.According to the different relationship between the private and administrative authorities,the relief pathways for the private are different too,including review,appeal and civil legal norms.