| Government corporations,as a special mode of government governance of the United States,has provided strong support for the economic and social development of the U.S.during its centuries of development.However,there is a lack of systematic and theoretical research in this area.The U.S.government corporations first served military purposes and flourished during the specific period of the Great Depression,World War ? and World War ?.They still played a huge role after the war and profoundly influenced many countries.For example,the British Agency and the Japanese Independent Person all have some "genes" of the U.S.government corporations.In the era of "Internet+",the ways in which the U.S.government corporations exist,the scope and methods of regulation will be further expanded to play a greater role in the mechanism.U.S.government corporations can be classified from different perspectives.From the perspective of the founder of corporations,they can be divided into federal government corporations and local government corporations.Currently,there are only 17 federal government corporations in the U.S.,all of which play the role of government supervision in specific fields.They are carriers of professional and technical regulation,represented by the Tennessee Valley Authority.The number of local government corporations is huge,involving wide aspects of professional regulations of the local governments in the U.S.From the perspective of power operation,they can be divided into mandatory government corporations and non-mandatory government corporations.For example,the Port of New York and New Jersey is a government corporation which has specific penalties in its jurisdiction,while non-mandatory government corporations are represented by Fannie and Freddie Fannie in the US.From the perspective of initial intention,they can be divided into political purposes and managerial purposes.The“Substitute Materials Development Laboratory"in the Manhattan Project of the U.S.is a typical government corporation serving political purposes,while a management-oriented government corporation such as the American Legal Services Corporation aims to optimize administrative management.From the perspective of administrative law,there are four intersections between the U.S.government corporations and four definitions in the field:Public Corporation,Administrative Subject,Public Authority,and Regulatory Carrier.Therefore,it is necessary to clarify the differences and connections between the basic concept of government corporations and the above definitions.Although the theory of public legal person originated from the administrative legal theories in German and French,there are corresponding theoretical and substantive organizations in the UK,with which the US government corporations fit in well.Observed from characteristics,the existing US government corporations fit perfectly into the category of "Public Building Body"among German public corporations.,which basically fits into the category of "Public Legal Person" among French public corporations,and partly in the same way as the British Agencies which carries out specific administrative matters under the Anglo-American legal system(but still has kept its American characteristics).It has a complete and independent corporate property,the intention of legal person,and can bear the responsibility of public law independently,so it is a typical public legal person.However,there are some particularities in the US government corporations.In the German public corporation theory,the administrative agency(government)is the representative of the "Public Association" in the state and the region of which the country is composed,and the "Public Association" and "Public Construction" are two categories of public corporations of parallel concepts.Therefore,the representative of the administrative agency(government)as a "Public Association" cannot refer to the same type of administrative organization as"Public Construction".The U.S.government corporations belong to''Public Construction",while the French"Public Construction"refers to another administrative body other than the region-based state and local organizations(the administrative agency as the administrative power of the government is also excluded).It is established for the purpose of carrying out official duties and has an independent legal personality,also known as public facilities,public institutions or public welfare institutions.Therefore,according to the traditional civil law administrative law theory,the U.S.government corporation cannot be an administrative agency(government).However,among the U.S.government corporations,some government corporations are not only public legal persons,but also U.S.administrative agencies(governments)through precedents and practices.The former is the American Rail Passenger Company,and the latter is the Tennessee Valley Authority(TVA).This is the particularity of the US government corporations as public legal persons;a U.S.government company is an administrative subject under certain circumstances,but there are exceptions.A U.S.government company that can act as an administrative entity,or directly has a special administrative agency status at the time of its establishment,such as the Tennessee Valley Authority of the United States;or through administrative contracts,clarifying its rights and obligations,and undertaking specific legal responsibilities,such as the Port of New York and New Jersey.As mentioned above,the administrative subject is a concept of repeated argumentation in the civil law system.The key point of its distinction is whether it can independently assume administrative legal responsibility in its own name;the U.S.government corporations are a kind of generalized public institutions.Generalized public institutions mainly exist in the division of the British administrative jurisprudence,which includes both administrative agencies and public corporations.Under U.S.administrative law,it is mainly positioned as a public legal person rather than an administrative organ(of course,some public legal persons have the status of a special administrative organ,and it is another matter).Therefore,the concept of public institutions in the U.S.is different from that of the U.K.It can be seen that in the U.S.,U.S.government corporations are similar in nature to public institutions.In the era of "Internet +",the regulatory carrier function of U.S.government corporations is prominent due to specialization,low cost,rapid transformation,abolition of freedom,contract management and so on.The "Internet + era is precisely due to the rigid,inefficient,non-professional,institutional and personnel solidification of the government's traditional regulatory methods,which has triggered the government's reflection on the regulatory carrier.Although the U.S.government company has experienced one hundred years of development,it still has considerable reference value for today's regulatory carrier transformation.U.S.government corporations are established after authorization by law and have executive power in specific fields.It has distinct features in administrative legislation,administrative law enforcement,administrative fees and financing,and is a good complement to its specific administrative tasks.From the perspective of its legislative power,it is similar to the administrative rules and regulations of our country.Within the specific administrative tasks it undertakes,it has strong legal effect.As a corporatized organization with administrative functions,appropriate legislative power is a powerful impetus to legitimize its implementation of public policies.However,its authorization cannot go beyond the authorization of the bill establishing the institution.From the perspective of power of law enforcement,U.S.government corporations either have exclusive law enforcement power,or can get the full assistance of professional law enforcement agencies.Therefore,its enforcement in specific administrative tasks is guaranteed.At the same time,its law enforcement activities cover a wide range of aspects,including administrative penalties,administrative information disclosure,administrative expropriation,etc.In terms of the right to charge,the power of the U.S.government corporations has been equipped with certain economic"hematopoietic"ability,which makes a strong capital supplement to its executive tasks.The financial rights have equipped the U.S.government corporations with the capacity to integrate public and private resources of the society,which can indirectly reduce administrative costs and get rid of the simple dependence of traditional administrative organs on financial allocation.In contrast,American government corporations must assume corresponding political and public and private legal responsibilities.In fact,the operation mechanism of the U.S.government corporations embodies a strong driving force of administrative power,public-private partnership as the model,and corporate operation as the criterion to maximize the synergy of the system,better fulfill administrative tasks and provide high-quality public goods.The board of directors with strong government color and strong decision-making,flexible system and principled sources of funds,clear objectives and firm positions of administrative tasks,diversified and effective profit-making mode,perfect system and no“dead corner"supervision mechanism constitute the main features of its operation mechanism.As an administrative model,the U.S.government corporations continues to last to this day.The essential advantage of their operating mechanism is the achievement of the administrative purpose of the government,the golden combination of partial interests of government corporations and the interests of the private market subjects(administrative counterparts),the mobilization of the enthusiasm of all parties in order to realize the continuous optimization of the quality of public administration.U.S.government corporations are still in the process of continuous development.Its development trend can be summarized as follows:promoting the establishment of“contractual"projects,realizing the"project group"attribute,establishing the mechanism of freedom of deposit and abolition,refining professional regulations,reducing administrative costs,ensuring administrative benefits,and so on.Promoting the establishment of the contractual model makes the platform foundation of public-private cooperation more equal,the rights and obligations stipulated in the contract clearer,the power and responsibility more balanced to the interests of all parties.The operating mechanism of"project group"makes the attribute of administrative tasks clearer and can adapt to the changing administrative tasks in today's society.The establishing of the mechanism of freedom of deposit and abolition enables the U.S.government corporations to complete administrative tasks and achieve public purposes at the lowest cost.More detailed technical needs correspond to the reality that future administrative tasks are gradually miniaturized,and division of labor is refined.Administrative preferential rights are the"bottom line"of future U.S.government corporations from establishment to operation,which is the fundamental principle to ensure the administrative color of such institutions,as well as to essential meaning of their continued existence as distinct from other corporations.U.S.government corporations have important reference value for the reform of state-owned enterprises and institutions in China.At present,there is no real government company in China.Among the main administrative bodies in China,it is obviously impossible for all levels of governments in China to become government corporations at the same time.This is determined by our national conditions,and the administrative organs of the corporatized operation mode are not suitable for China.China s state-owned enterprises and institutions are the closest to government corporations,but there are still some genes of "planned economy".Their legal person status,especially the status of"public legal person"of enterprises and institutions undertaking administrative tasks,is difficult to achieve.Their decision-making on human,financial,material and important matters still lacks the necessary autonomy,their internal governance mode is relatively rigid.The administrative color is too strong,and the balance between public and private interests still needs to be improved.In addition to undertaking some administrative tasks,state-owned enterprises and institutions in China also shoulder more political functions,such as maintaining political stability,ensuring social harmony and supporting the development of specific regions(such as ethnic minority areas,backward areas in the western region,etc.).Therefore,we should introduce some excellent genes of U.S.government corporations,such as the characteristic three-way formation(contractual establishment between localities,public-private partnership establishment,etc.),perfect and distinctive public legal person system,specific financing channels,and special personnel composition model(except for the main officials,full implementation of contract.,staff system,and even unpaid"celebrity concurrent"model).Special and extensive supervision mechanism,effective profit-making model and flexible storage and abolition mechanism are of great practical significance for the reform of state-owned enterprises and institutions in China.However,China can try to take the "PPP"model initiated by the state as the starting point,gradually introduce the advanced experience of U.S.government corporations,and build Chinese government corporations with Chinese characteristics.The core is to introduce the flexible organizational mechanism of the U.S.government corporations to realize the diversification of entities of public-private cooperation(PPP projects);to moderately learn from the internal operating mechanism of the U.S.government companies to optimize internal governance,taking into account both public and private interests in PPP projects;to refer appropriately to the power and responsibility structure of the U.S.government corporations to realize the sunshine and transparency of their power operation in order to realize the widespread and diversification of the supervision subjects and modes of PPP projects;to explore the similar financing mechanism of U.S.government companies appropriately and expand the financing channels of PPP projects in China;and to moderately learn the judicial experience of some overseas regions to keep PPP projects from the traditional cognition of"administrative contract"and realize the arbitrability of such projects,etc. |
PDF Full Text Request