The organ regime changing from governmental agency to administrative juridical person on the R.O.C. port authority

• Main Authors: ming-tang kao, 高明堂
• Other Authors: Robert, Lih-Torng chen
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/79617127868516840388

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 97 === Abstract A administrative juridical person is still the first creation in our country. Beside the national Chiang Kai-Shek Cultural center、the research was still in the exploratory stage. 「off-tasking」、implementation of 「public affairs」、and personnel of 「independent」 are the characteristics of this system. They are implemented the 「supervision by country」 by their supervising institution and use the detail legal regulations to control the decentralized management system. 「Emphasize land、lean to air、neglect sea」 are maybe the current transporting policy from the government、this has disappointed many ocean operation people. Indeed、the position of ocean policy that the government was founded by marine is still in uncertain stage. Restructuring the policy of administrative juridical person from our Port Authority institute is like this. The object of this research is referring to the organ regime changing from Governmental agency to administrative juridical person of our Port Authority institute egulation. By referencing German、Japan、England、France、and our public legal chief’s type and implementation examples. we can raise the basis of theory related to the administrative juridical person and summarize the Port Authority from privatization、institute legalized、port and city in one kind to create the administrative (public) juridical person 「the Port Authority setup regulations」 draft、「administrative juridical person bill」 draft、the situation of organizing bills、then after discussing further on the basis bills which stands on the central institute administrative organizations、redevelopment of governmental organizations、revolution of marine port regulations、foreign ports』 public legal chief trend and legal principle structure measurement、combine to develop one set of Port Authority restructure for the researching result of organization design of administrative juridical person、which can set for 「special public legal chief」 organizing regulations and establish the choices of 「whether having the public legal right of port administrative supervision」 on 「marine administrative branch」、「marine port branch」、or 「port business’s administrative juridical person」. Lastly、discuss again on the Port Authority’s power before and after the restructure of their public rights、and safeguarding the authorizations、secure the employee rights and build up strategy so on. The last section of the article is written as conclusion and specific recommendations. The object of this research is to set up an example、expect on 「privatization」 or 「corporatization」 which are not 「consortium」 of the premises、「Port Authority restructure administrative juridical person」 can directly solve 「undivided administration and business」 or 「a player but also a judge」 situation. Maybe this would be beneficial to the revolution of marine port structure. Key words：port authority ,public corporation、the administrative juridical person、Creation of public legal、the public legal right of port administrative supervision