The Research On Public Corporation System

With the development of economy and culture, the number of State functions is increasing, purely national administration and authority administration can not meet the needs of modern society, administrative democratization, administrative flexibility, administrative diversification has become an inevitable trend of development. With the emergence of this trend, the administrative multiplicity and administrative decentralization system appeared, and public corporation system came into being as a decentralized technology. First, we analyze the production and the development of the theoretical background of public corporation, and build public corporation system of our country as the core of the article, the article is divided into three parts.On the basis of the analysis the production and the development of the theoretical background of public corporation of the first part of the article, elaborated the concept and the legal status of public corporation. Since the state apparatus births and organizes government, the public function has been following government's development in the long times, the state and the government only play night watchman's role in the social domain, the duty of the state is only being restricted in activities of national defense, police, tax revenue and judicature and so on, its style of administration also mainly depends on the compelling force, the state only wield power unilaterally, and to society's request is the simple obedience, thus has formed the administration of authority, this kind of condition has continued to the 18th century. Along with the development of the economy and the industry, the knowledge progress, the function of the state increases gradually, already gradually involved the education, medicine, the postal service, the savings, the telegram and telephone and so on, but the public law system of adjusting the government to involve above collective services also to start take the sovereignty theory as the foundation, changes to the concept of public services, so as to say, the public theory is the foundation. The concept of public service has gradually substituted for the concept of the sovereignty to become the foundation of the public law. At that time, only depended on the state and the local administration institution already could not satisfy for the people's services demand of diversification the collection. Therefore public corporation appeared at the historic moment. The production and the development of the theoretical background of public corporation is decline of the sovereignty theory and the establishment of the public theory.In France, with a certain degree of independence and separated the general administrative functions of the state or local groups in order to implement the certain specialized civil servants for the purpose of the establishment, and the burden of the implementation of such rights arising from official duties and responsibilities known as. public corporation. In Germany, the means of public corporation in accordance with the law directly or to other public law based on legal acts, the right to direct the main creation. In Britain, similar to the institutions of public corporation are known as "public corporation". In other countries, there are almost exist similar to France public corporation, they have different titles in different countries.We analyze the function of public corporation in the second of the article. public corporation system exists in the world and plays an important role: as a kind of main administrative subject, it not only fully realized the separation of powers, but also promote diversification of administrative and the development of service administration, which is conducive to the effective functioning of administrative power. public corporation system can also expand the scope of administrative subject of our country, and properly resolve a number of problems about the defendant eligible of non-administrative proceedings, and make administrative subject of our country well. Therefore, China needs to build public corporation system.The third part of the article abouts building public corporation system of our country as the core of the article. First, we analyzed the defects of theory of administrative subject of our country. Second, we introduced and analyzed public corporations in other countries. Lastly, builded public corporation system in China. After our country would has builded public corporation system, public corporation will become a kind of administrative subject of undertaking the public administration function. Public corporation as a kind of administrative subject, it has the characteristics with all administrative subjects all have. First, public corporation sets up in accordance with the public law. It establishes because of the specific goal, and depends on provide special service in completing the administrative functions, it has obvious difference with the decision-making and gives orders of the Administrative organ ; Second, public corporation has independent management structure, and exercises the public administration function by own name, it has obvious difference with the internal composed of organization of the Administrative organ and the organization of carrying out certain administrative duty; Third, public corporation has independent legal personality and can independently undertake the legal liability of its outward behavior, it has difference with the organization which entrusts the Administrative organ, the organization is entrusted by the Administrative organ exercises the function by Administrative organ's name, but does not carry on by own name, therefore, the organization is entrusted by the Administrative organ does not undertake the legal liability of producing outward by itself, and by the request Administrative organ undertakes legal liability.We provide the institutions, business organizations and social groups of providing public service into the public official corporation, community public service corporation and consortia in accordance with the purpose of establishment and style of composition of organizations. At the same time, in accordance with "have the right and must have the duty, with the right is subjected to supervised" requirement, public corporation to take the administrative functions in accordance with the law, as the administrative subject, and to take the duty for their illegal actions.Public corporation exercises management of public administration, as a kind of administrative subject, if the violation of the law to protect individuals, organizations or national legitimate rights and interests of social welfare have to take up the natural administrative legal responsibility. First of all, we should adjust the scope of application of the Administrative Law, and make the public administration integrate into the scope of adjusting of Administrative Law. In theory, the administrative litigation including the scope of its oversight of public administration to assume the functions of all the organizations and their behavior, as the maintenance of public order and legal means. The administrative executive is the organization of assuming administrative functions. Because public administration exercises public administration functions in reality, and becomes an integral part of public administration, it should also be included in the scope of adjustment of the Administrative Law, and not let free in the legal control. so, we should modify the "Administrative Litigation Law" and expand the scope of the case are admissible, and make public corporation integrate into the scope of adjusting by Administrative Litigation Law, therefore, we can ensure the right of the administrative relative person.