法定机构制度——我国事业单位改革的趋势

LEGAL ORGANIZATION SYSTEM——A TREND OF INSTITUTION REFORMATION IN CHINA

新公共管理的发展促进了法定机构的兴起,政府对公共部门进行改革,实行公共企业民营化,以市场机制取代行政管制,而采用法定机构向公众提供公共产品和服务是改革的另一种方式。中国事业单位改革目标模式应该是:事业单位依法设立并独立运作,政府相关部门行政首长依法对所属领域事业单位进行有效监管并承担政治责任,事业单位自主运作的权力与政府监管的权力应保持平衡。

The development of new public management stimulates legal organizations to spring up. Government is reforming public departments, in which public enterprises are run privately and administrative management are replaced by market mechanism. Another way of reformation is adopting legal organization to provide public products and services. The goals of institution reformation in China are that institutions are established according to law and run independently, the senior administrative officers of governmental departments involved should supervise effectively the subordinated institutions and undertake political responsibilities. The sovereignty should be balanced with the right of governmental supervision.