Abstract：In the process of promoting the modernization of the national governance system and governance capacity, statutory bodies play an active role in improving administrative effectiveness. The report to the 20th National Congress of the Communist Party of China stressed the need to transform government functions, optimize the system of government responsibilities, and improve administrative efficiency and credibility. With the transformation of administrative functions, statutory bodies, as a new type of organizational model, are born. It is a product of the reform and innovation of China’s national institutions, which undertakes the public management function of administrative organs. Statutory bodies adopt market-oriented operation and enterprise-oriented management, which is the result of both statutory bodies and administrative bodies adapting to the changes of social environment. At present, there are not many research results on statutory bodies, but they have very important research value. The research on statutory bodies in the field of law is still in its infancy, and most of the research on statutory bodies focuses on the significance, necessity or personnel system of the establishment of statutory bodies. With the change of government functions, the demand for independence of statutory bodies is gradually strengthened, which is the intrinsic demand of the essential characteristics of statutory bodies. Whether from the development process of domestic and foreign statutory bodies, the institutional characteristics of “one law and one institution”, or the social functions undertaken by them, independence should be the most essential feature of statutory bodies. On the contrary, in reality, since the functions and powers of statutory bodies are derived from the transfer of administrative powers, legislation cannot exhaust the boundaries of power and responsibility between each other, which makes the separation of authority between the functions and powers of statutory bodies and executive power unclear. The specific manifestation is that statutory bodies are properties with unclear organizational purposes and not completely independent control, and at the same time, due to the lack of legislative supply and judicial guarantee. These factors directly affect the independence of statutory bodies. Therefore, in the face of the future development of statutory bodies, and based on the concept of separating decision-making from implementation and the experience of other countries and regions in the construction of statutory bodies, it is necessary to implement classified guidance and management of statutory bodies according to the administrative management and public service functions undertaken by statutory bodies. By expanding financing channels, increasing the number of investors and implementing dual-track management of non-financial income and fiscal income to achieve property independence, different organizational structures are designed for statutory bodies set up for different purposes, so as to attract, train and motivate more outstanding talents to enter statutory bodies to implement market-oriented operation and improve the construction of relevant legal systems. As the superior law of statutory bodies, we try to formulate the General Principles Law of Statutory Bodies to make principled provisions on the issue of the commonality of statutory bodies, so as to fully safeguard the independence of statutory bodies. Statutory bodies meet the needs of modern countries for the governance of streamlined and efficient administrative organs. Since the corporate governance model is adopted, it is necessary to establish and protect its complete legal personality and give it complete independence to ensure its self-responsibility, which is also the embodiment of the basic principle of the administrative rule of law with power and responsibility. Therefore, the independence of statutory bodies must be guaranteed if they are to attain healthy development and meet the governance needs of modern society.
陈志英, 胡谨珺. 法定机构的独立性及其保障[J]. 浙江大学学报(人文社会科学版), 2024, 54(11): 104-116.
Chen Zhiying, Hu Jinjun. Independence of Statutory Institutions and Its Safeguarding. JOURNAL OF ZHEJIANG UNIVERSITY, 2024, 54(11): 104-116.
2024, Vol. 54 
