法学视角下公共服务民营化改革剖析——问题、现状及规制研究

Law Perspective Analysis of Privatization of Public Service Reform——Issues,Current Situation and Regulation

法学视角下的公共服务民营化面临着公共服务民营化与传统公、私二分法理论的冲突;公共服务民营化是否同时受公法和私法调整;公共服务民营化中是否适用"法律优先"和"法律保留";公共服务民营化过程中是否存在"责任真空"等问题。中国的公共服务民营化改革在取得一定成绩的同时存在诸多问题,进一步改革面临重重障碍。应当理性认识公共服务民营化,构建规范公共服务民营化的法律体系,尤其是要防止出现"责任真空"的问题。

Law perspective of privatization of Public Service is facing the following problems ： first of all, the conflict between privatization of Public Service and the theory of the traditional public-private dichotomy; secondly, the issue that if privatization of Public Service is also subject to adjustment of public and private law; thirdly, the problem that if the principle of ＂ legal precedence＂ and ＂legal reserves＂ is suitable for privatization of Public Service ; fourthly, if there is ＂responsibility vacuum＂ in the process of privatization of Public Service and so on. Privatization of Public Service in China achieves certain results, at the same time there are many problems, and we have to overcome many obstacles to further reform. We should realize the privatization of Public Service rationally, set up the legal system of the restricting privatization of Public Service, and prevent a ＂responsibility vacuum＂ problem particularly.