| Since the 1970 s,with public affairs has become increasingly complicated and diversified,the government in the face of so complicated and the public affairs of the heart is unable to do.People think that is the "government failure" was responsible for the situation,so as to encourage people to rethink whether social public affairs management by the government monopoly has legitimacy and effectiveness.Then,a worldwide in the field of public administration privatization reform launched by Britain in the first place."Less dependent on the government,rely more on private institutions" to meet the needs of the public of the privatization movement,because with the "government,the market return" the background of the toast countries instead,and then become the public administration field Important measures of reform.Privatization as the inevitable trend of public administrative reform,broken for many years the government as the center of the traditional management mode,to form the government,market,society,the governance pattern of diversification.This mode of government and private cooperation greatly mobilize the initiative of social organization and market main body,thus formed the rights of the decentralized and centralized management pattern,also greatly relieve the strain on the government's fiscal,a series of problems such as low administrative efficiency.Cooperation between administrative and privatization is also in the"government,the market return" developed under the big background,also promote the cooperation of government and private subject,and administrative cooperation is more emphasis on public-private partnership model,namely insisted on efficiency,on the basis of stress by participating carry through the concept of fairness and justice of law,thus cooperation area still has the administrative attribute.Along with the advancement of privatization,the private sector and voluntary organizations are increasingly involved in the field of public administration,almost all belong to the responsibility of the government in the past,now transferred to the private sector.Current the system Settings and content of administrative law is becoming more and more can not adapt to the development of public administrative privatization rich experience.Government will be responsible to the private sector,not evade responsibility,but will take on the role of from the front to the background,but due to improper handling,as well as public and private law confusion leads to the phenomenon of responsibility between government and private subject occur frequently.At the same time,the privatization of the behavior patterns with the development in advance,the resulting pattern defect problems,also need to undertake administrative relief.But our country's administrative remedy law can not adapt to the rapid development of privatization,the expansion of the administrative subject and administrative behavior of complex and informal development of administrative procedure requires administrative remedies to react.Although the traditional administrative law has many problems,but it has to do with the all levels of administrative law,become the most important administrative remedies system,so the development of the traditional administrative remedy law is very important.At the same time,because the privatization is the breakthrough of cooperation between the government and the private,broke the traditional mode of administrative remedy,so,based on the needs of the development of privatization,and using the experience of western developed country administrative remedy pattern to develop the system of administrative remedy in our country is also very important.For "no interest,no litigation" administrative public welfare lawsuit system and the system of "common law" of the case,even though they are with the current legal system in our country,but fully exploiting the profound connotation in law,and supplemented by judicial interpretation support,the development of both in theory there is no obstacle. |
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