虽然《行政强制法》规定行政强制措施权不得委托给私人,但是在代履行中,却存在着“私代履行人”参与公法任务的空间。“私代履行人”理应被定位为行政助手。然而,作为公私协力的模式之一,行政助手理论制度存在一系列争议,需要对委托机关与“私代履行人”的法律关系性质、“私代履行人”的代理权行使及其侵权的行政救济等问题消除歧见。在此基础上,对“私代履行人”的条件、职责、权利义务、诉讼途径及法律责任等进行规范建议。 Although the “Administrative Enforcement Law” stipulates that the power of administrative coercive measures should not be entrusted to private individuals, there is room for “private performers” to participate in public law tasks in the performance of their behalf. “Private performer ” should be positioned as an administrative assistant. However, as one of the modes of public-private cooperation, there exists a series of controversies in the theoretical system of administrative assistants, which requires the legal representative of the entrusted organ and the “private performing party”, the exercise of agency rights of the “private performing party” The administrative remedies for infringement and other issues eliminate dissent. On this basis, we make normative suggestions on the conditions, responsibilities, rights and obligations, litigation methods and legal responsibilities of the “private defender.”