日本的特殊法人制度和铁路改革新动向

The Japanese Special Legal Person System and Its New Development Trend of Railway Reform

从日本的特殊法人制度角度探讨其铁路改革的发展变化。在日本的公益性法人分类中有一种特殊法人,是依据专门立法而设立的经济组织,其设立的目的在于有些经济活动不适于国家直接插手但也不合适直接交给私营企业去运营。日本铁道建设公团、运输施设整备事业团和日本国铁改革后形成的各JR公司等都属于特殊法人。特殊法人在日本战后经济复兴和实施各类经济社会政策方面发挥了很大作用,但也存在很多问题,因此日本目前正在对其特殊法人制度进行改革。三个位于日本本州的JR公司在形态上已经接近完全民营化,但其特殊的地位决定了它们在相当长时期内将仍旧是保留一定公共性并接受政府管制的特殊类型企业。

The paper discusses the process of railway reform in Japan from the angle of the special legal person system. Among public welfare legal persons in Japan, there is a group of special public corporations, which are incorporated in accordance with special laws. These corporations aim at economic activities that neither the government nor the private enterprises are competent for. The Japanese Railway Construction Public Corporation (JRCC), Corporation for Advanced Transport and Technology (CATT) and the 7 Japan Railway Companies (7 JRs) formed after the reform of Japan National Railway system falls into this kind of special corporations. These special legal persons have greatly promoted Japan′s postwar economic revival and implementation of its social and economic policies. However, there are still some problems that need be addressed. Therefore the special corporation systems in Japan are experiencing a reform. Although the 3 JR companies (East, West and Central) in Honshu of Japan have nearly transformed into private enterprises, their status in transport market keeps them still as the special identities of a certain publicity nature and subject to the government regulation.