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行政任务民营化使得国家不再承担行政任务的执行责任,转而承担担保责任。国家担保责任的承担和实现必然要求有与之相适应的行政法律制度,实施《基础设施和公用事业特许经营管理办法》就是使国家担保责任的制度化和规范化。它以国家担保责任为理论基础,彰显了国家担保责任的理念和精神,突显了国家担保责任的主要内涵和主要类型。它的制定和实施为我国担保行政法律制度体系的构建和完善提供了理论智识和实践样本。
Privatization of administrative tasks makes the state no longer assume the executive responsibility of administrative tasks, in turn assume the guarantee responsibility. The commitment and realization of the state guarantee responsibility necessarily requires the corresponding administrative legal system. The implementation of the “Administrative Measures on the Concession of Infrastructure and Public Utilities” means to institutionalize and standardize the state guarantee responsibility. It takes the guarantee responsibility of the state as the theoretical basis, demonstrates the concept and spirit of the state guarantee responsibility, and highlights the main connotation and main types of state guarantee responsibility. Its formulation and implementation provide theoretical knowledge and practical samples for the construction and perfection of the system of guaranteeing administrative legal system in our country.