公用事业合作行政法:基本构造、实践检视、学理重构OA北大核心CHSSCDCSSCI

The privatization of public utilities is actually a creative interaction between public power and private rights in the field of administrative supply,so the legal system of public utilities includes two aspects:regulatory law and cooperation law.Simply using oath based clauses to guide the agreement between the government and market entities cannot meet the legal needs of public utility cooperative administration..Therefore,the necessary rights and obligations of both parties should be established to shape the legal relationship of administrative cooperation.As the beneficiaries,the public has the main status of public utility cooperation administration,so it is necessary to establish a rights protection mechanism that is different from the general public's participation.In the legal practice of public utilities,the obligation of government cooperation and the right of market entities to cooperate are weakened or restricted.Although the establishment of public participation takes into account the subject status of the beneficiaries,it lacks a substantive participation guarantee mechanism.In view of this,the cooperative legal aspect of public utility legal practice urgently needs to be revised and improved.