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自20世纪中后期以来,基于需求膨胀与有限政府的内在紧张,私主体参与行政任务被认为是各国打破行政垄断、推行公共行政改革的共同选择。但基于国家任务之不完全可授性、公民权利保障之不可克减性以及法律制度供给之非充分性等法理,私主体参与行政任务并非毫无界限。应当在遵循基本权利保留、适度性原则的基础之上,健全立法保障、恪守行政谦抑、完善社会监督,实现私主体参与行政任务的良好效果。
Since the middle and later of the 20th century, private subject participation in administrative tasks has been considered as the common choice of all countries to break the administrative monopoly and promote the reform of public administration, based on the expansion of demand and the inherent tensions of limited government. However, based on the impermissibility of the national tasks, the non-derogable nature of the guarantee of civil rights and the inadequate legal system, the private subject’s participation in administrative tasks is not without limits. On the basis of following the principle of preserving and rationality of basic rights, we should perfect the safeguard of laws and regulations and abide by administrative moderation, improve social supervision, and achieve the good effect that private subjects can participate in administrative tasks.