Research On The Administrative Behavior Of Private Administration In China

In the field of public administration,the participation of private administrative organs has been widely practiced in the field of public administration.Their participation has reduced the human and financial burden of the administrative organs,and the administrative efficiency has been significantly improved.However,from the perspective of the legal field,there are a number of blind spots in the administrative ACTS of private administration in China,such as what forms and essential elements should the private administrative organs involved in accomplishing the administrative tasks have? When the administrative tasks are left to the private administrative organs,what kind of obligations should the state continue to pay to ensure the public interest,and how should the private administrative organs resolve the disputes with other citizens and legal persons in the process of completing the administrative tasks? If the problem is not properly answered and resolved,the most immediate damage is the legal rights of the citizen.Therefore,it is required to demonstrate the theoretical crisis and institutional crisis of the administrative law of our private administration,from the objective of protecting the public welfare of the people,to analyze the government's regulation process and reconstruct the administrative law and the administrative law.In addition,the country's system is not perfected,and it has influenced our private administration to expand the public domain,and so,in the context of our country,it is based on the experience of the western countries,and in the analysis of the current state of our private administration and the deficiencies of the existing regulations,we try to make a few Suggestions on how to improve the administrative conduct of our private administration in terms of executive jurisprudence,executive responsibility,executive legislation,and the right of the right,in order to achieve the goal of solving the problems in our private administration..Most of the first,this paper is mainly to private administrative administrative authorities,private,private to general conceptual definition of the administrative behavior of administrative behavior to our country private administrative effectiveness from two aspects of content and the validity time is discussed,then the introduction of private administrative power source of administrative action in our country,by analyzing of the power source,made a major premise for article writing,all the countermeasures are put forward for the realization of the proposed theoretical analysis phase of the service.In the second most of this article,it is mainly about the legal basis of the executive action of the private administration of our country,and the two aspects of the constitution and the administrative law are described separately,and the main idea is that the private administration has to do the administrative task of doing the administrative tasks and the laws of the constitution and the administrative law,and to find the legal basis for the sexual conduct of our private administration in the current administrative law of our country.In the third part of the text,it's about the United States and Germany in order to conduct the executive tasks of the executive branch of the private executive,which is the standard of judicial review,which focuses on the general overview of the administration of the executive action of the private administration and the problems of the existing institutions and the issues that arise in the justice system.For the analysis of the current status of the American judicial review system,be helpful for better absorption,by improving the vulnerability of private administrative act judicial review of administrative,better able to regulate the power of the administrative power by government and private authority,to protect the welfare of the public.The fourth part of the text summarizes and summarizes the current situation of the practice of private administration in China,and then analyzes the existing problems in the administrative actions of China's private administration from five aspects,and brings out the problems existing in the administrative law.On the first hand,it is difficult to respond to the reality of the development of private administration by the relevant administrative law theory.The administrative law with the right of control is the antagonism between the administrative law and the cooperative state.Meanwhile,private administration has broken down the inherent barriers of public and private law,resulting in the lack of comprehensive administrative behavior of private administration.In the second,it is because the main body of private administrative responsibility not clear,often appear unable to administrative authorities to apply to private law regulation function,to the exercise of public power over private administrative organs should abide by the principles of and boundaries to define;In the third aspect,it is a deeply disjointed form of personal executive practice,and the current administrative and administrative procedures are not suited to the development of private administration;In a fourth aspect,due to insufficient access to the right of remedies,the legitimate rights of the private administration and the other party are not adequately protected;The fifth aspect is private administrative organ self regulation system is not perfect,did not give full play to the external supervision power and private administrative organs responsible for its own security the potential of civil rights.The fifth part of this article is the focus of this article,which is to introduce the advanced experience of western countries and propose some Suggestions on how to improve the administrative behavior of private administration in China.First,deepen the response to the development of the private administration,administrative law theory of German current fusion organization theory and decision theory to interpret the premise of card into private essential theory of administration.Secondly,the main responsibility of the private administrative organs should be clarified.On the basis of granting the qualification of the administrative subject of the private administrative organ,the basic requirement of the private administrative organ which is endowed with the subject qualification should be fully explored.Third,in view of the current administrative procedural law can not adapt to the private administrative practice of the status quo,to draw lessons from Germany constructed project management method as the core of procedural law,to our country private administrative behavior of administrative legal.At the same time,the existing administrative organization law is optimized to replace the traditional administrative body by administrative legal person,and its definition covers the private administrative organs.In this way,the private administrative organ is defined as an organization with administrative sanction and can regulate it as an object of organization law.Fourthly,it is to perfect the diversified dispute resolution mechanism of private administration,and can not bring the administrative lawsuit as the only channel to resolve the disputes in the administrative actions of our private administration.On the premise of clear private administrative accusing the address range,based on the experience of the British set up administrative tribunal,to solve the other party to the private to the administrative act issued by the administrative organ of disputes;Fifth,broaden the channels of the supervision of the administrative law,commissioned by the legislative authority control permissions to private authority,at the same time,give full play to the free market,financial institutions or lenders such as the main body of private authority supervision effectiveness.