Study On The Private Entity’s "Administrative Subject" Status In Public-Private Partnerships

Public-Private Partnerships include two phases.In the first one,the traditional administrative subject and the private entity form a kind of partnership to complete some administrative tasks.In the second one,they provide public services for citizens directly.In this phase,a direct legal relationship between the private entity providing public services and the citizens who enjoy the service is established.In order to achieve the public,impartial,unbiased and other public law values,is it possible for the private entity providing citizens with public service to be the "administrative subject"?At present,the mainstream view of the norm and the referee is to regard the administrative power as the core standard of the administrative subject,and the review of the administrative power becomes the primary condition that the administrative subject has the qualifications of the administrative litigation and then gains the qualification of the administrative subject.With the development of Public-Private Partnerships,the private entity gradually assumes the public service function in the fields of Water Supply,Power Supply,Gas Supply,Heating,Education,Medical Treatment,Environmental Protection,Public Transportation and other areas of public service.When the traditional judgment criteria,which sees administrative power as the core standard,has been unable to solve problems of identifying administrative subject.Part of the referee and learn have been to bypass judging whether the private entity has the administrative power or not and uses the "similar subject" and substantive interpretation directly.The emergence and development of these explanatory paths are marked by a tendency of substantive judgment.This paper puts forward that a judgment criteria of administrative subject can have a shift from the administrative power to the administrative task in the field of Public-Private Partnerships,which is based on the reflection of the current judgment standard and draws lessons from foreign administrative subject pattern directly.In addition,it can form a method of administrative subject judgment combing the administrative power with the administrative task so that the private entity can enter the administrative proceedings.This can prevent the administrative power with the"private entity" coat from violating private interests.In the framework of China’s administrative law,it can stop the "public law" fleeing to "private law" wantonly.