Public Bodies Studied

In order to improving the national competitiveness and to coping with financial pressure, a" new public management " sweeps across the western public administration from 1980.Both the organization theory and the new public management theory view bureaucracy-styled agency ,which can't carry out administrative task effectively is rigid and inefficient. Hence,it is proposed to reconstruct the structure of adminstration.Under this background, several countries resort to public bodys to undertake this administrative task.This dissertation, which is divided into three parts: introduction , main body and conclusion , mainly deals with the legislation of the public body under the background.Under the" public-private management " circumstances, This parts points out that the public body ,which undertake the administrative task and have the new administrative power ,is neither a kind of non- national administrative organ nor a private organization .Then the study defines and introduces the basic conception , characteristics ,scope and classification about the public body , combing the academic researches in the law field on public body , pointing out its theoretic meaning and practical meaning and introducing the research frame.Chapter 1 introduces and analyzes the theoretical foundatiomthe theory of the reengineering government and modernization theory of the administrative organization .Under the guidance of these theories ,the study points out that the public body , a totally different administrative organizations, should be set up to perform some administrative tasks.Meanwhile it reviews relevant systems of Britain, Japan, France , Germany, and Taiwan, concluding that it is a trend and necessity to set up non-bureaucratic-like publie body in order to carrying out some administrative tasks. Then the study carries on the preliminary discussion on necessity and feasibility of our countrys public body.Chapter 2 probes into the theoretical legal foundation of setting up public body to carry out the administrative task.lt points out that setting up public group must be in accordance with the idea of people with sovereign right , with rule of law , with principle of public interest ,with the principle of efficiency, with the principle of group's autonomy principle;with social fraction principle, with national complementary principle , and the supervision principle of national legitimacy.Chapter 3 probes into the legislative mode of public body,holding that it should be a centralized mode.Public body law is composed of a kind of law. However, it should make a basic law as its foundation . The basic law of the public body should include public task and range of public body;the functions and power of public body;the institutional framework;the supervision of basic operating system. And two kinds special public law body should be legislated respectively: public corporation and university.Chapter 4 deals with the legislative issues about the special public body , analyzing the theoretical foundation of the public corporation law, probing into the influences on the law of public corporation from the plural doctrine and corporationism, concluding that construct our public corporation law by means of corporationism. Hence ,the study draws its concept and tasks, suggesting that basic structure of public corporation law should include the following parts :public concept and legal status of corporation;public corporation and the division of labour;public interests representative;finance operate;public supervision issue of corporation and so on . And it discusses the remedy finally.Conclusion .According to above-mentioned research contents, concluding part goes on analyzing of the construction of public body law. Meanwhile , it holds that the public body's system could become a relatively optimal choice in the near future..