Research On The Legal Regulation Of Administrative Entrustment

Administrative entrustment system first appeared in 1989 "administrative procedural law" in paragraph 4 of article 25:"by the administrative organ entrusted by the organization for the specific administrative act,entrusted by the administrative organ is the defendant."Administrative entrustment system is the product of The Times development,it has been 30 years.With institutional reform of the curtain opened,and the corresponding administrative system also quietly changing,administrative entrustment is widely applied in the administrative punishment,administrative licensing and other kinds of administrative law enforcement activities,but the entrusted by the administrative law is not clear,other laws and regulations are involved in administrative commission system,also does not have specific provision,lead to entrust the mess.Embodied in:there has been no exact expression of the connotation of the administrative entrustment,scholars also were at sixes and sevens.The subjects of entrust,the trustee,the entrusted matters and so on various elements are controversial;Entrust program also did not make clear a regulation;The lack of effective supervision system.Overall administrative entrustment in the aspect of legislation,law enforcement and judicial existence of chaos.In our country,the party central committee in recent years has been to carry out the basic strategy of "governing the country according to law",therefore,in order to keep up with the trend of the era development,the response country calls "for national revival,seeks happiness for the people" in our country need to improve the administrative efficiency,need legal regulation on administrative entrustment.This article from the basic theory of administrative entrust legal regulation entrust legal regulation,administrative principles and existing problems of entrusted the perfection of legal regulation,administrative way three aspects are studied.First of all,from the basic theory of administrative entrust legal regulation analysis of academic disputes;Will entrust with the civil administration,administrative assistance and administrative authorization to distinguish,clear the manifestation of administrative entrustment;With the interpretation of the principle of the commissioned by administrative law,in turn,leads to administrative entrust the theoretical basis and relevant concepts of legal regulation.In addition,on the basis of the theory,entrusted to the administration on the principles and existing problems of legal regulation,further illustrate the importance of legal regulation of administrative commissioned and urgency.Finally,in view of the current administrative entrustment various problems,the author from the following three aspects put forward opinions for the perfection of administrative entrust legal regulation:first,to regulate.Legislation,clear administrative clients,entrusted by the entrusted party and the entrusted matters,prevent arbitrary for expanding the scope of the administrative,prejudice the rights of citizens;Second,the law enforcement regulation.Adopt the way of administrative agreement to entrust,due process and improve the supervision strength,is beneficial to clear the powers and duties of all parties concerned,to prevent the abuse of administrative power;Third,carries on the judicial regulation.Clear administrative lawsuit main body,increase the illegal responsibility,perfect the administrative relative person's relief way,improve the court's judicial scrutiny,safeguard the rights of the other party.