Research On The Identification Of Public Law Responsibility Of Private Entities In American Law

In reality,the increase in privatized public services has triggered a discussion on where the protection of civil rights lies.The main controversy is whether the legal rights and freedoms of citizens can be remedied through public law in the process of privatization.The US state behavior theory believes that only the government can be the subject of constitutional restraint.However,after the 1940 s,the Supreme Court passed a series of precedents that certain private subjects' behaviors were recognized as state behaviors,and then made them bear constitutional responsibility.The reason is mainly affected by factors such as legal thinking,constitutional provisions,racially discriminatory social background,and changes in the social environment.The judgment standard of "public function" and the judgment standard of "government involvement" in American law are generated in the case.Among them,the judgment standard of "public functions" is based on "traditionally exclusive privileges of the state",excluding general public utility services.The criterion of "government involvement" regards the government's actual involvement in the specific behavior of the private subject as the core element for identifying the private subject's public law responsibility,and the government's reinforcement of the harm caused by the private as a supplementary element,excluding pure acquiescence and inaction.Relatively speaking,the criterion of "government involvement" covers a wider range of real-life private entities and solves the dilemma that the criterion of "public functions" cannot be applied to new government functions and contract outsourcing.However,judging from the relevant precedents of the "government involvement" judgment,there is no inherent connection between the various precedents.The Supreme Court still needs to analyze the facts of the specific case to determine the extent of government involvement in the behavior of private subjects,and cannot form a universally applicable formula.Therefore,in order to make it more maneuverable,this article proposes to further clarify the substantive factors on the basis of applying the "government involvement" criterion,including the source of funds of private organizations,whether there are government employees,and whether reporting is required And auditing and government supervision of business activities.Proceed from the private body's own composition and the government's external supervision to explore the substantive connection in depth.According to the consideration of specific factors,increase mutual confirmation to avoid uncertain or unrecognizable results by considering a certain factor alone.Quantify the factors that the court needs to consider when reviewing related cases,so that the court can judge the extent of government involvement in private subjects based on facts rather than subjective ideology.