On The Independence Of American Independent Regulatory Agencies

American independent regulatory agencies are unique initiatives in American administrative law.And independence is their most important feature.This paper discusses the factors that affect the independence of independent regulatory agencies.These factors include internal structural design and external factors.It is pointed out that,to a certain extent,the committee,the staggered and fixed term,the party balance are conducive to enhancing the independence of independent regulatory agencies.It is also beneficial to enhance the independence of independent regulatory agencies because of the removal for cause,the independence of funds,the ability to sue,and the restrict oversight by OMB.But the independence of the independent regulatory agencies does not mean to escape the president's control and free from the law.In the fifth part of this article,I point out that the President,the Congress and the court can make an important impact on the independence of independent regulatory agencies through appointment,removal of personnel,legislation,judicial decisions and so on.But at the same time,it enhances the accountability of independent regulatory agencies.On the basis of the previous analysis,the last chapter of this paper analyzes the independence of China's regulatory agencies.Many factors affect the independence of our regulatory agencies.Institutional funding is not independent,staff professional is not strong and so on.And I suggest that regulators need to improve their professionalism,reduce administrative intervention and integrate regulatory functions.Through these means,the independence of regulatory agencies can be improved.