The Legal Status of the Private Person Performing the Administrative Task of Payment——Take pension security administration as an example
Nanjing University
Issue 1, Pages: 5-15(2024)
Published:30 June 2024,
DOI:
Full txt
Minjie Hu. (2024). The Legal Status of the Private Person Performing the Administrative Task of Payment——Take pension security administration as an example. Elder Law, (1), 5-15.
DOI:
Minjie Hu. (2024). The Legal Status of the Private Person Performing the Administrative Task of Payment——Take pension security administration as an example. Elder Law, (1), 5-15. DOI:
The Legal Status of the Private Person Performing the Administrative Task of Payment——Take pension security administration as an example
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摘要
Abstract
The legal basis for private participation in payment administration lies in the establishment of the dual relationship between the state and society in payment administration by the Constitution. Private persons may enter into the administrative legal relationship of payment as authorized persons
entrusted persons
facilitators or supervisors. The private person undertakes the administrative task of payment and becomes the administrative subject if authorized by laws and regulations. Private individuals may have two forms of substantive rights: defensive right and positive beneficial right. Private individuals should undertake the obligation of procedure and information disclosure to perform the administrative task of payment. The judicial practice still deals with relevant disputes according to the traditional view of "authorization or entrustment by laws and regulations".
关键词
Keywords
payment administrationPrivate participationLegal statusOld age security