在行政任务民营化的浪潮下,越来越多的中小企业参与承担政府职能。在这种民营企业参与公共治理的过程中,公法与私法的聚合责任如何实现,受到很大关注。特别是新旧“非公经济36条”颁布后,民营中小企业试图进入曾被行政权力垄断领域时,如何有效维权成为社会各界共同关注的话题。本文以个案为基础,针对管制型政府与服务型政府在中小企业发展过程中截然不同的反应,试图在动态的行政法律关系中,探讨行政机关及其他承担行政任务的主体(特别是行政机构附属机构)、行政相对人的复合法律地位,从法律人的角度为推进法制建设尽一份自己的力量。 Under the tide of privatization of administrative tasks, more and more SMEs are participating in undertaking government functions. In this private-owned enterprises participate in the process of public governance, public law and private law how to achieve the responsibility of aggregation, receive much attention. Especially after the promulgation of old and new “non-public economy 36” promulgated, how to effectively safeguard the rights of small and medium-sized private-owned enterprises has become a topic of common concern of all walks of life when they attempt to enter the monopoly field which was once dominated by administrative power. Based on individual cases, this article aims at the completely different reactions of the controlled and the service-oriented government in the process of the development of SMEs, and attempts to explore the relationship between the executive authorities and other entities that undertake the administrative tasks (especially the subsidiary of administrative agencies Institutions), the administrative counterparts in the complex legal status, from the perspective of legal people to promote the legal system to do their part.