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在日趋多样化和复杂化的公共事务面前,政府垄断公共产品供给的低效、无能、腐败和缺乏回应性等缺陷逐步显现,人们开始反思政府垄断供给公共产品的正当性和有效性。非政府组织通过各种方式参与公共行政、提供公共产品,是合作治理模式下的必然趋势。然而,非政府组织提供公共产品存在易脱离控制与监督、追求自身利益、偏离行政目的和公共利益的风险。通过正当法律程序的建构加强对非政府组织公共产品供给行为的监督,确保非政府组织公共产品供给的公益性、公正性、合法性和高效优质以有效达致行政目的是行政法律规制的重心。
In the face of increasingly diversified and complex public affairs, the defects of the government’s monopoly of public goods supply, such as inefficiency, incompetence, corruption and lack of responsiveness, have gradually emerged. People began to reflect on the legitimacy and effectiveness of the government’s monopoly on the supply of public goods. Non-governmental organizations participating in public administration through various means and providing public goods are inevitable trends in the cooperative governance model. However, non-governmental organizations provide the risk of public goods being easily separated from control and supervision, pursuing their own interests, deviating from administrative purposes and the public interest. It is the center of administrative law regulation to strengthen the supervision over the supply of public goods by non-governmental organizations through the construction of proper legal procedure and to ensure the non-government organization’s public goods supply is non-profit, fair, legal and efficient and effective so as to achieve the administrative purpose effectively.