The Legal Attribute Of Statutory Public Organizations And Its Implementation Path

According to practice for the reform of public institutions during recent years and the experiences for statutory public organization inside and outside the domain, our country, which starts out with reform of administrative system and streamline administration and institute decentralization, introduces the concept of statutory public organizations, in order to broaden the institutional innovation of public service. Statutory public organizations are founded on the basis of specific laws, regulations or rules and undertake the management function of public affairs or public service function according to law. Statutory public organization is not included in the line of administrative machinery. It is a public institution with independent legal status. This kind of public administration is called "Executive Agency" in U.K., "Independent Agency" in U.S.A., "Statutory Board" in Singapore and "Independent Administrative Corporation" in Japan. Statutory public organization is prior to carry and try in Guangzhou province. The author analyzes its theoretical concept and practice approach after the field research in Guangzhou.This thesis is divided into four parts.The first part is the introduction of this article and mainly divided into three sections. In the first section, the form of the organization is understood directly and clearly by readers through the basic concepts of the statutory public organization. Then the second section introduces the research background and its significance of the dissertation, meanwhile it shows a brief summarization for the background and influence of statutory public organization. The last section makes summaries and analyses for the literatures in existence and on this basis proposes a topic of innovation.The second part is the analysis for the legal attribute of statutory public organization. The author divides the legal attribute into two dimensionalities-the internal attribute and the external relationship. The first dimensionality elucidates four internal attributes of the statutory public organization, that the statutory public organization undertakes public affairs, is relative independent and has the attributes of both public law and private law at the same time. The second dimensionality analyzes the similarities and differences between government agency, public institution, enterprise and statutory public organization. The substantive characteristics and related traits of this organization are revealed through the definition of its legal attributes.The third part discusses the reason of statutory public organization's establishment and its advantages and disadvantages. In those countries and regions which set up statutory institution legislatures also set up statutory public organizations. Some of them are set up through national legislation, some are through local laws and regulations or rules, and the others are set up through normalization documents of law. All these modes above have their own advantages and disadvantages. The author will make review and summary for each mode and present a suitable legislation model which meets the existing national conditions.The fourth part is the practice process for statutory public organization. There should be specialized laws and regulations as regulatory requirements for statutory public organization from its establishment to extinction. Which field is suitable for statutory public organization? How will statutory public organization be registered? How to operate and supervise statutory public organization after its establishment? How to make statutory public organization extinct according to legal procedures? All the aspects above are discussed and clarified in this part.The purpose of this article is to give readers a better understanding of this organization and to get a series of system designs. If statutory public organization can carry on appropriate social function in a commercialized and market-oriented way, it will promote further reform of the government system and provide the public with high quality community service.