Study On The Issue Of Government Regulation Of Privatization Of Public-Welfare Hospital Under Cooperative Administration

Public-welfare hospitals are organizations through which governments directly provide public medical services for public good.The essence of public-welfare hospitals is to perform the government’s responsibility through cooperative administration.Currently,China’s public medical service system has been found with problems,including imbalance of resource allocation and lack of public welfare nature,and these problems are mainly resulted in the government’s failure to correctly identify the legal nature of cooperative administration and failure to correctly cope with the legal correlations of cooperative administrative.First of all,this paper introduces the connotation and theoretical research of public welfare hospital privatization.Then,it is proved,from the perspective of government permission,that medical services for public good are a national task and the government’s responsibility in the process of public-welfare hospital privatization.After that,the theoretical,constitution and administrative law basis for cooperative administration is pointed out from the perspective of behavioral basis.Second,this paper analyzes the dilemmas facing the government’s cooperative administration in the public-welfare privatization.In terms of the content of cooperative behavior,the traditional high power behavior is no longer adaptable to the requirement of cooperative administration,and the legal nature of cooperative behaviors is confronted with challenges.In terms of administrative counterparts,the traditional department-based management relationship has led to the dislocation of the legal status of public-welfare hospital administrative counterparts,causing incompleteness of institutions within public-welfare hospitals.In terms of the administrative subjects,the government’s responsibilities in privatization of public-welfare hospitals are unclear,and the specific cooperative behaviors of the government are lacking or improper.In terms of administrative procedures,the cooperative behaviors have got rid of the restrictions of the administrative procedures,and the current administrative procedures cannot get adapted to the needs of the cooperative administration.At last,this paper proposes administrative law countermeasures for thegovernment’s privatization of public-welfare hospitals.In terms of cooperative administration theories,the application scope of the administrative organization law and soft law should be extended,and more restrictions should be introduced to regulate the cooperative behaviors.In terms of administrative counterparts,the legal status of the external administrative counterpart in public-welfare hospitals and the legal status of the internal administrative counterpart in public-welfare hospital management institutions are identified.In terms of the administration subjects,the role and specific responsibilities of the government in cooperative administration are clarified.In terms of the administrative behavior,it is necessary to change the concept of the traditional high power behavior.In terms of the administrative procedures,the application scope of administrative procedures should be extended,and different operation content of administrative procedures should be developed.