河北法学2024，Vol.42Issue(7)：130-147,18.DOI:10.16494/j.cnki.1002-3933.2024.07.008
公用事业合作行政法:基本构造、实践检视、学理重构
Cooperative Administrative Law On Public Utility:Basic Structure,Practical Review and Theoretical Reconstruction
摘要
Abstract
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.关键词
公用事业/合作行政/政府规制/自我规制/公众参与Key words
public utility/cooperative administration/government regulation/self-regulation/public participation分类
社会科学引用本文复制引用
郭一君..公用事业合作行政法:基本构造、实践检视、学理重构[J].河北法学,2024,42(7):130-147,18.基金项目
河北省教育厅社会科学基金青年项目"面向公用事业领域的合作规制法制体系构建"(SQ2023147). （SQ2023147）
