Study On The Procedural Regulation Of Privatization In Welfare Administration

To a certain extent,the formation of administrative privatization is a result of innovation arising from the monopoly of administrative authority under the traditional public administrative mode,which caused the negative effects of inefficiency,corruption,abuse of executive powers and waste of resources.As the welfare administration aims mainly at the “living attendance” of the public,which involves a wide range of areas,a huge number of people and sometimes requires higher professional skills.After privatization,the introduction of private capital,professional skills and management experience can effectively facilitate the completion of welfare administrative tasks to meet the public's diverse needs for public goods and services.However,the implementation of privatization has also encountered many problems in practice.The administrative discretion has been increasing,causing a serious risk of abuse,at the same time,the nature of profit-making makes private participants easily neglecting the public welfare and the legal rights of administrative counterparts while completing administrative tasks.In China,the provisions in the Constitution and the administrative law,which encourage social forces to participate in welfare administration,provide the base of legitimacy for privatization.While in reality,the implementation of privatization mainly relies on a large number of administrative regulations,highlighting three problems: the lower force of legal norms,the lack of procedural norms and the irrationality of the existing rules.In the process of privatization,both the administrative subject and the type of administration have changed,making a certain breakthrough to the traditional administrative law system.Nevertheless,due to lack of necessary procedural constraints,privatization is easily prone to corruption,dereliction of duty,abuse of power and other negative effects on its implementation.In perspective of administrative law,privatization should strictly abide by the core administrative principles,among which the principle of “due process of administration” is an inevitable requirement.In fact,the process of privatization essentially contains the exercise of public power.Therefore,under the present circumstances,procedural regulation is of great significance to either the operation of administrative power or the fulfillment of administrative functions.Because of the benefits that are usually manifested,the principle of legal retention is not strictly applicable in welfare administration and it can be flexibly determined according to whether administrative power has been transferred in different modes of privatization.While designing the procedural rules,the most important rules should be established by legislation to ensure the realization of welfare administration.These core rules mainly include the following three aspects: first of all,the procedures that used for implementing the policy of privatization in particular areas;secondly,the procedures in selection of private participants;thirdly,the procedures by which the private participants involved in welfare administration;fourthly,the procedures of supervision in post-privatization period.In addition,the full construction of procedural regulation should be supplemented by the administrative regulation with a lower level of effectiveness,where the core content of procedures clearly defined should be further refined and implemented.Based on the status quo of privatization and the characteristics of welfare administration,we should consider corresponding requirements when constructing the procedural regulation system.To begin with,the procedure itself should meet the demand of legitimacy,on the one hand,during the process of privatization,procedures aim at ensuring the exercise of administrative power and realizing the procedural rights of the administrative counterparts;on the other hand,they also help to guarantee the administrative efficiency and the realization of administrative purpose.Secondly,we should strengthen and standardizer the procedural elements in specific procedural rules,such as time,mode,steps and the sequence between steps,enhancing the rationality of the regulations.Thirdly,public participation should be emphasized in procedural regulations by improving the corresponding systems,which constitute mainly of disclosure of information,holding of hearings and explanation of reasons,and by applying these procedural systems in each step of privatization.Finally,after privatization of welfare administration,the government is always obliged to supervise the whole process.The regulatory procedure embodied in comprehensive aspects has a profound and far-reaching influence on the practice of privatization.