| For a long time,administrative entrustment,as an organizational way of administrative tasks,has been considered to have clear legal limits and administrative organs should not act arbitrarily.At present,when the construction of "government by law" is vigorously promoted,administrative entrustment,as an important form of power organization,is greatly depended on.However,in the long history of the development of administrative law,administrative entrustment is a research topic that scholars seldom pay attention to.It is an indispensable content in the theoretical foundation chapter of administrative law monographs,but few scholars have entered into the in-depth and specialized research.currently,the suitability of administrative delegation in practice has shown an expanding term tendency.In order to address the actual questions in the practice of administrative delegation,it is urgent to clarify the legal boundary of administrative entrustment,which is the organization way of administrative power.Administrative entrustment is a kind of administrative law enforcement organization method chosen by administrative departments in order to achieve administrative goals more effectively.It is widely and intensively applied to administrative sanctions,administrative permission,administrative arbitrariness,administrative expropriation,administrative inspection and other administrative law enforcement activities.In theoretical research,the connotation definition of administrative entrustment is the content that most scholars are concerned about.To be specific,in the process of defining the connotation of administrative entrustment,scholars discuss the constituent elements and characteristics of administrative entrustment.But up to now,the connotation and concept of administrative entrustment are still in dispute,and there is no clear conclusion on the legal limit of executive commission.To investigate the legal restriction of administrative entrustment overall and systematically,it is necessary to trace back to the source and analyze the legal basis of the legal limit of administrative entrustment,which mainly includes three aspects: the principal-agent mechanism,the value orientation of administrative system reform and the legal reservation of administrative organization behavior.As the scope of administrative entrustment in administrative law enforcement activities is gradually expanding,the legal boundary of administrative entrustment is critical detachment from the theoretical research and administrative practice.conjugated with the present status of legal restrictions of administrative entrustment,it can be found that the problem of legal limits of administrative entrustment is very prominent.There are conflicts between legal provisions regarding radius of trustee and practice,the difference of trustee Scope and unclear limits on the scope of entrusted matters,which severely degrade the efficiency of administration law enforcement official in practice.confrontation the current administrative political regime and future administrative procedure legislation,it is an important subject for administrative law research to clarify the legal boundary of administrative entrustment.At this point,it is necessary to explore the historical origin of the administrative entrustment system,the relevant overseas systems,the current system status and other basic contents in order to reconstruct the boundary system of administrative entrustment. |
