A Study On Public Corporation System In Functional Perspective

Public corporation is an ancient and basic conception of civil legal system and contains comprehensive theories. An important issue in administrative organization law is to study the relevance between organizational form and administrative tasks by introducing public corporation system into modern administrative reformation. This essay is going to discuss the value and function of public corporation system together with our current reformation of administrative organization to seek the balance of theory and realism.Public corporation system is the distillation of real demand in the legal system, which contains historical vicissitude of legal thoughts and means. Legal subject is the media of public corporation system and the division of public and private laws is the bases of the existence of public corporation system. Public corporation has three legal characters, namely subjectivity, legal capacity, and for public interests. These characters are closely connected with the function of the system. As an administrative mean of state governance, the function of public corporation system shows in two aspects. One is to achieve autonomy through impersonating corporation under administrative division of powers and the other is to cure the problem of hierarchical system. The former is the traditional function of public corporation system. The latter is extension and development of the function of public corporation system, and also the combination of new theory of public administration and traditional public corporation system. As for public corporation, a kind of which the organization is for special public interest, the meaning of its existence depends on the objective of the organization. The core of all the formation of organization structure is how to accomplish the tasks effectively. Thus, the objective of the organization is the basis of classifying administrative forms of public corporation system. Administrative objective not only determines the internal organization structure of public corporation, but also leads its external governance. Generally, legal regulation of public corporation is reflected in two aspects, i.e. legal reservation of right of formation for administration and supervision of validity. For autonomous entities, the core of legal regulation is a balance between autonomy and rule by law. As for organizations of public services, the stress of legal regulation is objective administration leading the result and evaluation of performance effectiveness.Lack of public corporation limits our corporation system, thus our administrative reformation demands introduction of public corporation system. The use of any system for reference has problems of applicability in reality and actual effectiveness. Transformation of society and administrative reformation is the current subject of our social development. Based on such a background, analyzing the balance between our realism and public corporation is the premise for use of system for reference. Change of governmental function is the subject of our administrative reformation. Such subject is relatively consistent with public corporation system and the consistence provides the basis for us to use public corporation system for reference. Therefore, under the administrative reformation of governmental functions, it is very significant to reform our governmental enterprises by using public corporation system for reference, to connect corporate governance structure with public services, to advance the function and effectiveness of public services, to combine public corporation system with development of our corporate autonomy system and to perfect the external organization structure and internal democratic participation system.