On The Refactoring Of Public Institution

It has been over30years since China initiated the reform of public institutions, the importance of which not only lies in the fact that it has a crucial bearing on the development of the institutions themselves, but also it plays significant roles in deepening the reform of social system, promoting the socialist modernization as well as perfecting national civil subject system on the basis of legislation. Confined to factors of history, politics, reality and such, however, the reform process has always seen difficulties. Attention of current research about corporation system of institutions is given to economics, political science, sociology, public management and other disciplines, resulting in the extreme deficient theoretical study on the identity of civil subject of institutional corporation. Therefore, it is of high importance to conduct detailed analysis of the concept, features, attributes and governance structure of civil subject of the institution and to reconstruct the institutional corporation system accordingly, offering some references for the reform of the institutions and for the perfection of the civil subject system in the Civil Code in the future.In addition to the Introduction and Conclusion, this article contains five parts:The first section reviewed the historical evolution of the institutional corporation system, conducted detailed analysis in terms of generation of institutions, conceptual development, establishment of the corporation status and variation of category composition, and determined that the origins of the existing problems of institutional corporation provided vital prerequisite for reconstruction of corporation system in institutions.The second section stared with the conflicts of the institutional corporation system in practice and in theory, followed by sorting all kinds of confusion institutional corporation is facing and deep study of identification confusion in the institutional corporation system, especially by comparing traditional foreign corporation classification and our current corporation legislation model, and finally reached the preliminary conclusion concerning the reconstruction of institutional corporation system based on our currently existing corporation provisions.The third section performed specific analysis on the reform of corporation system of the institutions, with the proposition of conceptual replacement of "institutional corporation" by "Cause corporation", established the reform direction of "Cause Corporate Body "classification in nature, and then discussed the necessity and possibility of corporation governance structure from viewpoint of the nature of " Cause Corporate Body ", paving the way for the detailed discussion on the corporate governance model below.In the fourth section, stared with the corporate governance model, specific hypothesis about the governance structure of " Cause Corporate Body " was put forward that corporate independence and autonomy be strengthened from two aspects of organizational structure and corporate property, after referring to foreign successful experiences in corporate governance model and learning lessons in current inefficient governance, guaranteeing the real implementation of its corporate status.The fifth section laid its emphasis on the legislation design, elaborating the approaches to stipulate " Cause Corporate Body system" by Civil Code, specific legislation and corporation regulation and to integrate these three aspects, providing a legal protection for the reconstruction of" Cause Corporate Body system"...