论疫情防控中的私人行政

Research on private administration in epidemic prevention and control

私人机构参与公共行政越来越成为公共管理领域的重要手段。在新冠肺炎疫情防控中,行政机关通过行政授权、行政委托等方式,将部分行政职权交由私人主体行使,提高了行政机关应急行政效率,有效保障公民生命财产安全。但私人行政主体性质、行使职权的限度、私人主体不当行使行政职权是否需要承担公法责任等问题值得探究。从私人行政的界定、权力来源、疫情防控中典型的私人行政方式、私人主体参与疫情防控实践中存在的问题及法律规制等方面进行分析,为规范私人行政行为、促进行政主体依法行政提供帮助。

The participation of private institutions in public administration has increasingly become an important means in the field of public management. In the prevention and control of the COVID-19 epidemic, administrative agencies have delegated some administrative power to private entities through administrative authorization and administrative entrustment, which has improved the emergency administrative efficiency of administrative agencies and effectively guaranteed the safety of citizens’ lives and property. However, the nature of private administrative subjects, the limits of exercising their power, and whether private subjects improperly exercise administrative power need to bear public law responsibilities and other issues are worth exploring. This article analyzed the definition of private administration, the source of power, the typical private administration methods in epidemic prevention and control, the problems that private entities participate in the practice of epidemic prevention and control, and legal regulations, etc., in order to regulate private administrative behaviors and promote administrative entities exercise administrative power in accordance with the law.