French administrative law

Author: Wang Mingyang
Editor: Ding Xiaoxuan
Publisher:
Publish Date: 2003-03-01
Features:
Fragment: The differences between public administration and private enterprise administration can be examined from three aspects:
1. Different subjects. The subject of private enterprise administration is a private legal entity, such as a corporation organized under the Company Law, Association Law, or Trade Union Law, which possesses private legal person status. The subject of public administration is, in principle, the state, as administration is a function of the state. Due to the complexity of administrative content and the diversification of management methods, modern law has created other public administrative subjects, all of which are public legal entities. Their organization and status are determined by special legal provisions and are not governed by private law. French law recognizes three types of public legal entities as subjects of public administration: the state, local entities, and public service legal entities. Regarding the qualifications of administrative subjects, this book will elaborate in Chapter 2, section , and will not be discussed here. Since the subjects of private enterprise administration and public administration are different, their nature and legal status cannot be the same. [1] On the other hand, the difference in subjects between public administration and private enterprise management does not mean that private individuals or private entities cannot engage in public administrative activities. Due to the diversification of administrative methods, private individuals or private enterprises often undertake certain public administrative tasks based on the commission of public legal entities or legal provisions. However, the public administration they manage remains part of the duties of the administrative subject, and they do not thereby become public administrative subjects. This aspect will be explained later.
22. Different purposes. Human activities are guided by certain purposes. The purpose of public administration is to fulfill the public interests recognized by the government, while the purpose of private enterprise administration is to pursue private interests. This interest may be material or spiritual. Generally, the interests pursued by private individuals often align with public interests. This alignment does not mean that private individuals must pursue public interests. Within the scope not prohibited by law, private individuals can engage in any lawful business. Furthermore, the pursuit of private interests by private individuals does not lose its private nature simply because it aligns with public interests. For example, a restaurant can meet the living needs of residents and tourists in the area, but the restaurant's purpose is not selfless or entirely unselfish. As long as it does not violate public interests, private interests are protected.
3. Different means. Public administration, being aimed at public interests, differs from private enterprise administration in the means it may employ. Private individuals are legally equal, and no private individual can impose their will on others. Therefore, the management of private enterprises is, in principle, conducted through contractual agreements. Public administration differs in this regard. Sometimes, public interests conflict with private interests. If public administration must obtain the consent of the parties involved, it would hinder public interests. Thus, public administration can adopt coercive measures regardless of whether the parties agree. Such means are a privilege of the administrative subject. Of course, the difference in means between public administration and private enterprise administration does not mean that public administration must adopt different means than private enterprises. It merely indicates that public administration holds a superior legal status and can, and often does, employ means that private enterprises do not have.
The above points fully illustrate that although public administration and private enterprise administration share some similarities in name and content, they differ in nature and legal status, making them two distinct disciplines. Administrative law and administrative jurisprudence focus solely on public administration as their object of regulation and study.