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二十世纪以来,行政权不断扩大的趋势愈来愈明显,行政管理事务也越来越繁杂,为了实现更加有力有效的管理,依靠社会力量的行政委托制度开始受到青睐。然而对于行政委托制度立法以及实践都存在较大的问题,尽管理论界早有争论,却至今没能达成共识,委托权限没有明确限制,委托对象没有统一标准,实践中程序不规范,责任难落实,使得行政委托远不能真正发挥其法律价值。本文重点分析了我国行政委托立法上的现状和不足以及实践中的问题,并从行政委托的原则、程序和责任等几个方面提出了行政委托制度的建构思路。
Since the twentieth century, the tendency of continuous expansion of administrative power has become increasingly evident. Administrative affairs have become increasingly complicated. In order to achieve more effective management, the administrative commission system based on social forces has begun to gain popularity. However, there are still some big problems in the legislation and practice of the administrative entrustment system. Although theorists have long been debating, there is still no consensus reached so far. There is no clear limitation on the entrusting authority, there is no uniform standard for the entrusting object, the procedure is not standard in practice, , Making the administrative commission can not really play its legal value. This article focuses on the analysis of the status quo and shortcomings of our country’s administrative commissioned legislation and the problems in practice, and puts forward the construction of administrative commissioned system in terms of the principles, procedures and responsibilities of administrative delegation.