| In the practice of implementing the administrative rule of law in a period of social transition,a new comprehensive trend towards public-private cooperative governance is taking shape in China.Faced with the rise of the mode of cooperative administration,traditional theory of administrative law,which is established on the opposition between public and private interests,focused on controlling the legitimacy of administrative acts and protecting the right of administrative counterparts,and supported by judicial review,is being structurally challenged and faced with the arduous task of restructuring at such levels as concepts and principles,relationships and subjects,and acts and responsibilities of administrative law.To meet the practical needs of cooperative administration,the construction of cooperative administrative law is especially important.In order to overcome the obstacles to the establishment of the concept and to ensure the smooth implementation of the system of public-private partnership,China should follow the doctrines of the limit theory and the responsibility theory and fulfil the following basic tasks in the construction of cooperative administrative law:firstly,to introduce the principles of subsidiarity and cooperation into the objective of effective fulfilment of administrative tasks;secondly,to introduce the concept of state reservation and guarantee into the construction of the bound and responsibility theories;thirdly,to restate the theories of administrative subjects,acts and remedies against the background of transformation of the state from a rule-of-law one to a cooperative one. |
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