私人规制是以市场为基本动力,弥补传统政府规制缺陷的规制体系:从历史上看,私人规制以市场需求为导向,其产生具有自发性,经历了一个由点及面、纵横双重维度发展的历程;从法理上看,私人规制的方式与权力来源具有多元化和综合性;从本质上看,私人规制是公权力的特殊行使方式,与政府规制存在互为补充又相互竞争的关系。在我国法治语境下,私人规制的运行面临着行政法体系具有封闭性、生成与运行存在逻辑困局、法律制度阙如、私人自治性堪忧以及运行失范而监控乏力等困境与问题。因此,推动行政法体系从封闭走向开放、通过法律提供空间和边界、提升社会组织的自治与公信、遵从正当法律程序与私人正当程序、借助司法的助成与监控作用,是我国有效引入与推进私人规制的必由之路。 Private regulation is a regulatory system that takes the market as its basic motivation and makes up for the defects of the regulation of the traditional government: Historically, private regulation, guided by market demand, has its own spontaneity and has undergone a development characterized by point, dimension and aspect From the point of view of law, private regulation has diversified and integrated sources of power and mode of power. In essence, private regulation is a special mode of exercise of public power and has the relationship of complementing and competing with the government regulation. Under the rule of law in our country, the operation of the private regulation is confronted with many difficulties and problems such as the closedness of the administrative law system, the logical dilemma of its formation and operation, the absence of the legal system, the worry of private autonomy and the lack of supervision. Therefore, to promote the system of administrative law from the closed to the open, through the law to provide space and boundaries to enhance the autonomy and credibility of social organizations, to comply with due process of law and private due process, with the aid of justice and monitoring role is our country effectively introduce and promote private The only way to regulate.