Argumentation On Public Corporations' Legal Status And It's Public-law Regulations

This is a dissertation about public corporations' legal status and it's public-law regulations.Traditional theories of civil law system viewed public corporations as one of the private bodies which is regulated by civil law rather than administrative law.But nowadays,as the "Welfare State" conception developed with the evolution of public-law doctrine,there is a big debate on whether public corporations's legal status belongs to private category or public category.You may find that this essay paid great attention to the theme mentioned above.The dissertation could be divided into three main parts:The first part is related to the core conception of public corporations.The definition of public corporations based on two factors,one is the word "public",the other is "pulic benefits".when discuss about pulic benefits,we must take law provisions and the uncertain majorities into our consideration.So,we may define public corporations as follows:"juridical persons who are set up by or mainly controled by the nation,for the purpose of provide the necessities to the citizens."such as Tap water supply corporation,Telecommunication corporation,Electric power corporation,Railway transportation corporation,and etc.The second part is the most important part of this dissertation, concerned on the legal status of public corporations.Under the background of the "Welfare State" and "Service Administration",the boundary of Administration has been greatly extended.The nation should fulfil its obligations to improve citizens' lives,it must provide public utilities to meet people's daily life needs,it must serve people so as to ensure a better life condition and a excellence development perspective. Whether the government do the job itself,or use the public corporations as a tool to do the job,anyone of the citizen could ask for the governmen to act nicely and comprehensively.In an other word,we can regard public corporations as a transformation of government,in their nature,public corporations are nothing but public agencies that designed for public benefits.The third part discussed why and how to control these public corporations.There are three means about regulations on them:One is the Constitution regulations.Second is the Administrative regulations, including administrative procedure regulations and administrative litigations regulations.