行政法视阈下的公私合作分析研究.pdfVIP

Research on the Public-Private Partnership under the Perspective of Administrative Law Abstract Under the perspective of administrative law, the public-private partnership is a kind of action that in the government reform and social governance, administrative organ establish the relevant system and be responsible for supervision of the entire process, and private entities participate in undertaking execution, both sides taking advantages of their respective superior resources , well coordinating with each other, fulfilling their proper function , and assuming responsibilities within a certain range. The public-private partnership has dual attributes of both public law and private law in terms of legal nature, mainly taking forms of administrative contracts, entrustments and factual behaviors. The practice of public-private partnership in China mainly take place in the areas of public utilities and public services. Because of the irregular procedure of administrative action and deficiency in the capacity of supervision, etc, the power rent-seeking would easily arise, which is harmful to the public interest. Moreover the ambiguous identification of the subject of legal liabilities in the public-private partnership makes it hard to deal with the dispute in practice. In view of the problems now existing in the practice, it is necessary to strengthen the regulation on the public-private partnership from the administrative law, to improve the procedural legislation, to implement the system of publicizing government information, to strengthen the hand of information, to strengthen the hand of regulators and to p