Concerning Administrative Entrustment And Application

Administrative entrustment as an administrative authority to certain functions and powers or administrative affairs entrusted to an organization or individual to exercise,with today’s administrative range of universality, diversity and complexity, has become one kind of social governance in order to meet the objective requirements of social management and widely implemented.This article mainly from the theoretical level, the empirical level, the data level and the level of countermeasures, to discuss the Administrative Commission and its legal application. The first part is entrusted to administrative legal theory understanding. Administrative features commissioned research to define the meaning including administrative commission, constituting elements of the type and delegate administrative and legal effect. Administrative body entrusted restricted, limited the scope of commission, the executive commission should have the necessity, administrative delegate must be a consensual act, the responsibility of the executive commission to be attributed to the Principal. Administrative commission entrusted divided into formal and informal commission, a commission entrusted with the long-term. Principal facts and law commission, entrusted with the mandate of transactional commission. Chief delegate on the Elements of Competency requirements, the scope of legal matters within the purview of the provision, and the program in compliance with legal requirements. On the legal value to reflect the rational allocation of administrative efficiency and administration. The second part focuses on research commissioned by the administrative practice of the legal form. Including substantive law, procedural law, procedural law and judicial interpretation of the provisions. The third part mainly elaborated delegate administrative law application problems. Including legislation, there is a conflict of legal norms, administrative boundaries commission is not clear, bear responsibility for illegal not clear enough on standardized procedures, the presence of any non-commissioned approval, issue on commission, to oversee the administrative commission is also too casual lack of. Research commissioned by the provisions of Part IV Administrative and inspiration to bring overseas, including the current situation in Japan, France, Spain and other countries on China’s administrative commission of reference. The fifth part is a combination of the foregoing problems corresponding countermeasures on China’s administrative commission put forward a sound advice. First, the legislation should be clear legislative model, the principles of law, trust boundaries and illegal bear responsibility, the procedure requires the executive branch should be entrusted to the need for a statutory basis and made the trust application. On supervision should continue to improve, protect public authority to exercise administrative commission released under extensive supervision.