The Realization Path for Private Subjects'Participation in Public Administration
The participation of private subjects in the execution of administrative tasks is a sign of maturity for the modem society.There are three possible paths,including the law imposing administrative obligations,the law authorizing administrative power,and administrative entrustment in general terms.Among them,imposing administrative obligation to private subjects by the law means that the state transfers part of its obligations to the private subjects in a compulsory manner.Authorizing the public power to private subjects will lead to the transfer of power,and the private subjects can exercise the power in their own names and take responsibility for the consequence.Administrative entrustment in general terms does not transfer the administrative authority,nor does private subjects have independence.It consists of business entrustment,administrative assistance,and expert participation.In the process of operation,it is imperative to keep in mind the goal,be aware of the problems,adopt the systematic thinking,and select the appropriate path according to the actual situations.It is also necessary to determine the elements of administrative authorization in a proper manner,accurately grasp the boundaries and effectiveness of different paths,and strengthen the rule of law in the administrative procedure,so as to fully improve the effectiveness of private subjects'participation in the public administration.