民营企业通过委托、契约、许可等多样化形式参与公共服务,原有的政府职能转而由私主体来承担,行政以私法手段实现目标的措施日益增加,引起法律关系从公、私二元对立转向“国家、市场、社会”多元合作与融合。这种参与模式下,民营企业与政府有效合作并各自分担责任。为使公益目的真正实现,国家应更新管制方式让民营企业更加负责,并负有担保责任和接管责任。 Private enterprises participate in public services through various forms such as entrustment, contract and permission. The original government functions are instead undertaken by the private entities. The administrative measures to achieve the goals by means of private law are increasing day by day, causing the legal relationship to rise from the public-private binary opposition Turn “national, market, social ” diversified cooperation and integration. Under such a mode of participation, private-owned enterprises work effectively with the government and share their respective responsibilities. In order to truly achieve the purpose of public welfare, the state should update the regulatory approach to make private enterprises more responsible, and take the guarantee responsibility and take over the responsibility.