Research On Legal Status Of The Public Institutions

Public institution legal person is a legal category of the peculiar, in real life, has veryimportant role in the society. China is also the ongoing reform of institutions, various kinds ofproblems appeared in the operation aimed at institutions. Although the " general rules of thecivil law " to establish a corporate types and organs, social groups, enterprises listed, but itslegal position is not clear, the emergence of the " administration" and "profit " tendency,missing all of this is rooted in the existing legal system.In this paper, the positioning of its legal status, the idea of guidance in types, discussed inthis paper, the text is divided into four parts.The first part is an analysis of the concept of the institution itself. Firstly, history anddevelopment history of institutions were traced back, that product in the institutions of the eraof the planned economy essentially is the public power. The general principles of the civil lawonly to adapt to the reality, the direct inheritance and unreserved classified the plannedeconomy era of the unit, then in the change of social environment, under the conditions ofmarket economy, institutions show profit tendency, and part of this is the public powerinstitution to institution, business unit by a single public welfare as the purpose of theorganization set into " hodgepodge " type of set concept, great difference between each otherby the individual components. By analyzing the current legal institutions of documents inChina, the regulation on the concrete system is very fuzzy. Then introduces the theory of thelaw of, have taken the same idea, also abolished the use of thoughts and ideas, creativetransformation. Through the comparison of the similar institutions of the organization, legalcharacteristics analysis of institutions should have, to lay the basis for the following.The second part discusses the main problems existing in our institution and the identitydilemma, and analyzes the causes behind, pointed out the main existing institutions in China "the commercialization " and administrative alienation of the two major issues, and that thecomplexity of current legal classification system is not enough and the institution itself is thecause and the root of the problem.The third part discusses the ways to improve the legal status of institutions in china. Thetypes of remolding should be concrete analysis of concrete problems, according to the socialfunctions of the different institutions aggregate, will be divided into three categories,respectively, the corresponding legal status remodeling, that is the administrative institutions for the administrative main body, management institution to an enterprise as a legal person,public welfare institutions into public corporation. The transformation mechanism whichfocuses on the public welfare institutions, first introduced two kinds of remodeling model inacademic circles, both " public corporation " mode and private public welfare legal entitymodel, proposed should take the two approaches together, to establish the " public corporation" status, also want to limit the scope of its rights in the enterprise objective to range from theprivate law, the registration system to strictly control the non-public welfare organizationonce again become a " public corporation ".The fourth part is conclusion reiterated should take the type of style, the existinginstitutions of our country into other legal subject in "into the three points method" creative,so as to solve the existing problems and difficulties in reality.In conclusion, this article is from the historical, theoretical, legislative and other point ofview, describes the change of institutions, pointed out the difficulties and practical problemsin its legal status, and put forward the reconstruction method according to the type of.