Study On The Judgment Criteria Of Administrative Entrustment Items

With the continuous increase of social management and service contents,administrative entrustment has gradually become an important way for administrative organs to perform their functions.In this process,the scope of administrative delegation extends from the area of intervention administration to the field of payment administration.Correspondingly,the form of administrative delegation is no longer confined to the power delegation between administrative agencies.The privatization of administrative tasks has become the administrative entrustment new forms of social participation,more social groups,non-governmental organizations and private individuals operating in an entrepreneurial mode.However,there are many defects and loopholes in the relevant legal norms concerning the administrative entrustment,which seriously affect the normalized operation of administrative entrustment in practice.At the same time,the theory of judgment criteria of administrative entrustment in the academic circles can not clearly respond to the actual needs in practice.Administrative entrustment items to determine the main criteria for the resolution of what items can be entrusted and what items can not be entrusted,which is also the key part of the administrative entrustment procedures.Only when the judgment criteria becomes clear and feasible,the administrative organ can better grasp the scope of the administrative entrustment.Therefore,based on the analysis of the contents of judgment criteria of administrative entrustment items in the current theory and practice,this article attempts to find a new logical benchmark to set a set of operable judgment criteria.In addition to the introduction and conclusion,this article is divided into four parts:The first part is mainly about the origin of the problem of judgment criteria of administrative entrustment items.At present,there are many irregular operations in the administrative entrusting practice,such as arbitrarily setting entrust items and the abstraction and formalization of entrustment bases.In this regard,we must establish a clear set of criteria to standardize the current practice of administrative entrustment.The second part mainly analyzes the logical basis of the judgment criteria of the current administrative entrustment items.This part analyzes the logic of real logic from five aspects: the norms of administrative law,the attribute of administrative task,the attribute of government function,the degree of exercising power and the privatization boundary of administrative task.In the third part,it is to construct concretely the proposed logical benchmark.Based on the analysis of the limitations of the current criteria of administrative entrustment items,this article puts forward the logical criterion for judging the current administrative entrustment items.It is divided into two levels,including the distinction between horizontal trusteeship and the establishment of vertical operation procedures.The distinction between horizontal trusteeship mainly distinguishes the administrative entrustment between administrative organs and between administrative organs and private entities.The former applies a more lenient criterion and introduces a negative list management mode,and the latter applies a more strict criterion,That is,the establishment of vertical operation procedures,according to whether the item involves the exercise of public power into power items and service items,according to whether the substantive exercise of public power to determine what kind of power items can be entrusted.In addition,the executive function of the process of implementation is divided into three stages in advance,during and after the event to determine whether the specific entrustment.The fourth part is mainly about the institution guarantee of the judgment criteria of administrative entrustment items.The institution guarantee of legislation mainly includes the criteria provisions of entrusted items in the administrative procedure code and the criteria of administrative entrustment items in the single-line law.The institution guarantee of administrative mainly includes the establishment of guidance catalog system of entrustment items,the filing review system of administrative entrustment items and the establishment of administrative entrustment items.The institution guarantee of judicial system includes judicial relief system and judicial suggestion system.