Directive Administrative Assistance:An Emerging Form of Private Participation in Administration
In recent years,the emergencies have been frequent,and risk management has become an important situation for pri-vate subjects to participate in administration.In this situation,the time urgency has led to the omission of prior detailed investiga-tion,the replacement of voluntary consent by mandatory instructions,and the replacement of procedurally complete written con-tracts by simplified general authorization,which has actually exceeded the radiation boundary of administrative authorization and administrative delegation theory,resulting in the unknown identity and hollowed-out responsibility of private subjects.The situa-tion.The private subject hides under the shell of public power and cannot provide the relative with the specific document of re-sponsibility retrospectively,and under the slogan of collaborative govemance,the administrative responsibility is quietly dispersed and even dissolved,leading to the escape of public power to private law.To this end,this paper searches for a theoretical base in the interaction of institutional evolution and practice patterns,and proposes the concept of"directive administrative assistance"as a repository on the basis of clarifying the substantive elements embedded in the administrative spectrum of private participation.The main difference between directive administrative assistance and the normal control mode of private participation in administra-tion lies in the shift of the focus of control,i.e.,the post-facto accountability is the main focus,supplemented by the prior regu-lation of behavior,including clarifying the legal relationship between the three subjects of administrative assistance,regulating the form of directive and auxiliary behavior,and clarifying the nature of administrative assistance tort liability and the distribution of liability.
directive administrative assistanceprivate participation in administrationcollaborative risk managementadminis-trative litigationstate compensation and recovery
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