There is a widespread phenomenon in modern administrative law that compels private individuals to perform compulsory labour for the State,which can be referred to as private public service under administrative law.Unlike the"pri-vate service"in German law,in our country it means that in order to complete specific public tasks,laws and regulations di-rectly stipulate that specific groups of private individuals should be required to perform public service without compensation,including pure labour service and intervention or service to third parties.The basic obligations of citizens in our Constitution,as the"basic norms",can provide the basis for the effectiveness of the administrative law in granting private public service within the framework of fundamental rights,through deduction and inference.As a matter of fact,the obligation of nationals to be"conscripted to public service"was stipulated as early as in the Common Programme,which demonstrated the status of nationals as subjects in the early years of the founding of the State.At the same time,private"conscription for public service"is the re-sult of rational weighing by the individual in the community life,which is in line with the two kinds of"expression of self-in-trospective requirements"and"expression of the requirements of the outside group".It meets two obligatory judgements of"expressing the introspective demands of the self"and"expressing the demands of the outside group".Therefore,it is possible for administrative law to grant private public service.However,the content,rationale,target criteria and implementation mechanism of such"cheap legislation"as the granting of private public service must be strictly limited in order to control the rule of law risks arising therefrom.In-depth study and effective promotion of this kind of system in the rule of law track normative construction,in order to promote the modern relationship between citizens,society and the state really mature.
Private Public ServicePrivate SubsistenceBasic ObligationsPublic Tasks
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