(A) the concept of institutions
Public institution is a concept with China characteristics, and its English translation is "pubilic service unit"? Public service agencies? . There are different opinions on how to define "public institution". In foreign countries, institutions similar to institutions or relative to * * * institutions are called "non-* * organizations" (NGO)；); ); Or is it called "non-profit organization" relative to enterprises? NPO？ . The definition of "institution" in China's administrative regulations and rules has also changed several times.
The author believes that the definition of public institutions should meet the development requirements of social public services under the socialist market economy system; Second, based on the socialist conditions, the state is responsible to the people and fully embodies the superiority of the socialist system. Therefore, a public institution refers to an organization engaged in social public service activities established by a state institution or other organization with state-owned assets for the purpose of realizing social public interests.
(B) the legal characteristics of institutions
1, must be in order to realize the interests of social public.
Pursuing social public interests refers to the interests of unspecified majority, which mainly reflects social benefits rather than economic benefits. Such as education, science, health, culture and other units, mainly meet the social spiritual and cultural needs, meet the needs of social development, meet the needs of social health, and improve national quality. However, pursuing the public interest does not mean not engaging in any profit-making economic activities, but the purpose of this profit-making is not to distribute profits to its members, but to better realize the public interest.
2. The initial funds come from state-owned assets.
Under the socialist market economy system, organizations engaged in social public services include state-owned assets, social donations and private investments, and the initial source of assets of institutions is state-owned assets.
3, must be engaged in social welfare activities.
Institutions mainly provide public * * * products and public * * * services, involving the following areas: First, * * * and enterprises cannot and should not intervene; Second, according to the requirements of national and social economic development and the realization of a virtuous circle of economy, it can reduce more transaction coordination costs than * * * with enterprises; Third, it is not exclusive to * * *, although it does not belong to * * *, but the enterprise can't do it well and is unwilling to do it.
4. It must be established according to law.
China's public institutions are organizations engaged in social public services on behalf of the state, and the procedural rules for their establishment are basically the same as those of state organs. In accordance with the provisions of the civil law, if it is necessary to register as a legal person, it shall be obtained after registration; If it does not need to be registered, it will obtain legal person status on the day of establishment.
5, must be held by state organs and other organizations.
Legal status of public institutions
(A) the functions of public institutions
Under the condition of market economy, the market plays a fundamental role in the allocation of resources, and the self-interest and spontaneity of the market mechanism itself will produce spillover effect and inefficiency in the selection of public goods. Therefore, an important function of * * to manage the country and society is to provide public goods or services to solve the spillover effect, thus maintaining the efficiency, equality and stability of the country and society. * * * When performing this function, first, through macro-control, enterprises are guided to pay attention to social public interests and meet social public needs while realizing their own interests; The second is to use the administrative power of * * * to set up an entity and implement the public service function of * * * *; Third, through policies and laws, guide and encourage non-governmental and social forces to participate in public services. In China, public institutions are legal entities established by using administrative power to provide public services for the country and society. One of its functions is to engage in public service activities in education, health, science and technology, culture and other fields; Second, under certain circumstances, according to the authorization of laws and regulations and the entrustment of administrative organs, engage in certain social affairs management activities.
1. Division of functional areas among institutions * * *
Formed under the planned economy system, the functions of institutions and * * * are not clearly defined, and the functions of * * * and institutions are intertwined, and the offside, dislocation and absence are serious, and the public's needs cannot be effectively met. The author believes that the difference between public institutions and * * * functions is that * * * is the maker and supervisor of social public service policies, while public institutions are the concrete executors of social public service policies, and realize the public service function objectives of * * * through the activities of public institutions.
2. Division of functions between institutions and enterprises
An enterprise is an organization engaged in commodity production and operation activities, and its purpose is to obtain higher economic benefits. The profits obtained are distributed to the members of the organization as the return of investors. Public institutions are organizations that provide public services, and their purpose is to meet public needs and realize the public interests of the country and society.
3. Functional division of institutions, social organizations and private non-enterprise units
Institutions, social organizations and private non-enterprise units are all engaged in public service activities in a certain field for the purpose of not making profits, but social organizations are composed of citizens voluntarily, with group members as the main interests; The source of funds for private non-enterprise units is non-state-owned assets, which is a supplement to the development of public services.
(B) the legal status of institutions
1. Authorized administrative entity
Authorized administrative subject means that administrative power is not obtained from the constitution and the organization law because of the establishment of institutions, but is granted to the administrative subject by the competent authorities through laws and regulations. Authorized by laws and regulations, institutions can become administrative subjects. For example, the degree of education is awarded, and the evaluation of professional titles is awarded; Food hygiene supervision, etc.
2. Civil subject
According to the General Principles of the Civil Law, the Provisional Regulations on the Registration and Administration of Public Institutions and the detailed rules for their implementation, public institutions are registered according to law, obtained the Certificate of Public Institutions as a Legal Person, obtained the legal person status of public institutions, carried out activities in the name of legal persons, and became civil subjects with civil rights capacity and capacity for conduct.
(3) Legal classification of public institutions
There are two standards for the classification of public institutions: one is to classify public institutions with the goal of establishing a public service system suitable for the modern market economy; The second is to carry out classification reform according to the functional characteristics of existing institutions. The former aims at ensuring the full provision of public services and establishing an efficient public service industry, while the latter aims at carrying out different types of reforms on existing institutions to achieve the long-term goal of the former. Different types of institutions enjoy different rights and obligations and bear different legal responsibilities.
1, basic classification of institutions
Traditional institutions are classified or divided into cultural, educational, scientific and health institutions, agricultural, forestry, water conservancy and meteorological institutions, urban maintenance and other institutions according to their subordinate departments; Or according to the nature of ownership, it is divided into ownership by the whole people, collective ownership and private institution ownership; Or according to the budget form, it can be divided into full budget, differential budget and self-supporting budget. However, with the transformation of functions and the establishment and improvement of social public service system under the socialist market economy system, the traditional classification can no longer meet and adapt to the needs of institutions and reform and development. There are different views on the basic classification of public institutions. For example, the World Bank believes that there is a legal difference between directly affiliated institutions and independent institutions. Directly affiliated institutions can be defined as those directly affiliated to the core departments, which have no independent legal personality and independent accounting; Independent institutions can be defined as institutions with independent legal personality and independent accounting; Cheng Siwei believes that basic or non-basic undertakings should distinguish between pure public welfare, quasi-public welfare and semi-public welfare; Wait a minute.
The author thinks that the basic classification of public institutions should draw lessons from international experience and conform to the specific situation of China; Second, we should take the social public management function of * * as the boundary; Third, it must conform to the legal and functional characteristics of public institutions. Institutions can be divided into basic service institutions, public service institutions, social security institutions and authorized coordination institutions according to their functions.
2. Classification reform and the change of legal attributes of existing institutions.
Existing institutions can be divided into production and operation institutions, social public welfare institutions, administrative institutions and three types of institutions according to their functions. In the process of performing its functions, administrative monopoly is formed to varying degrees, and government and enterprise are not separated, which seriously hinders the effective allocation of resources and restricts the coordinated development of social economy. Therefore, the existing institutions should be reformed in order to establish an effective public service system and fully ensure the effective provision of public services. On the basis of defining the service and management functions of social affairs, adjust the structure and layout of public service resources.
First, institutions engaged in production and business activities whose products and services are market-oriented should change their legal attributes and be restructured into enterprises. In this process, excessive "marketization" should be avoided. As Ge Yanfeng said, "Some institutions that undertake social welfare functions should not be marketized or commercialized, but pushed to the market. After implementing enterprise restructuring or enterprise implementation, these institutions naturally take profit as the main goal, but their own public welfare goals are mostly abandoned. Some institutions even take measures to harm social welfare goals to gain their own economic interests, which ultimately affects the functions of * * * and national goals. "
Second, restore and authorize the functions of administrative agencies; The administrative power that should be exercised by * * * should be restored to * * *, and the administrative power that must be undertaken by public institutions should be explicitly authorized by laws and regulations.
Third, social welfare organizations should distinguish the key points and define them reasonably. First, the basic public services invested by * * * should be strengthened. Second, what can be organized by social forces should be turned into non-profit organizations. The reform of social welfare institutions should realize that non-governmental and social forces can only supplement the role of * * *. From the developed countries of non-profit organizations, the service fields provided by non-profit organizations are mostly concentrated in culture, non-compulsory education, medical care, charity, religion and some marginal scientific research fields. Those social undertakings with strong public welfare, whose products or services involve the long-term interests of the country or the basic interests of the general public, such as basic education, basic scientific research, technical research and popularization, health and epidemic prevention, public basic medical services, etc., still adopt the direct organization mode of * * *. "(Ge Yanfeng)
(four) the internal management system and organizational implementation mode of public institutions.
The current public institutions were born under the planned economy system and were deeply influenced by the administrative management mode. Although the institution is an independent legal person in law and its functions are different from those of state organs, it has long been basically equivalent to state organs in terms of administrative level, personnel system arrangement, internal organization setting, welfare treatment and other organizational execution. However, because the activities of public institutions are different from the administrative functions of * *, its personnel composition has obvious characteristics of professionalism and specialization. Therefore, the unified administrative management model can not effectively promote the performance of the functions of public institutions, and it is difficult to establish an effective incentive and restraint mechanism, which has dampened the enthusiasm of personnel to varying degrees. The reform of public institutions should solve the problem of micro-execution mechanism under the premise of macro-adjustment: different types of public institutions adopt different internal management systems and organizational execution methods, and establish and improve a good governance model of public institutions. For example, the establishment of internal institutions and their rights and obligations, financial management system, personnel management system and so on.
Legal system framework of public services and institutions
(A) the lack of legal system in the reform of public institutions
With the redefinition of the function of * * and the enhancement of the demand for public services, the existing legal problems about public services in China are increasingly apparent: First, the legal provisions are lagging behind, and the actual operation lacks legal support and guarantee; Second, there are differences between the existing legal provisions and the actual situation, forming legal provisions; Third, the existing laws conflict with each other and lack unity and coordination; Fourthly, the position of the superior law and the subordinate law in the legislation is vague, and it is difficult to form an organic whole of the public service legal system, which directly affects the efficiency of the reform of public institutions. For example:
First, the reform of public institutions in China involves the change of the legal attribute of the subject. According to the classification reform, first, re-establish the legal status of public institutions; The second is to transform into an enterprise; The third is to transform into a non-profit organization. At present, there are "Provisional Regulations on Registration Management of Public Institutions" and its implementation rules, which can not meet the needs of the reform of public institutions in terms of content and legal effect. In the process of transforming public institutions into enterprises, most of them are based on the * * * policy and compared with the laws of state-owned enterprises. The legal application in the process of transforming public institutions includes two stages: the legal application of how public institutions are transformed into enterprises and the legal application after being transformed into enterprises. The lack of the first stage has left legal hidden dangers for the restructured institutions; When institutions are transformed into non-profit organizations, the application of laws is even blank.
Second, in the field of public services such as science, education, culture and health, China has successively promulgated a series of laws and regulations such as the Education Law and the Teachers Law. However, with the establishment and improvement of the socialist market economic system, the demand for public services has increased, and the functions of public services have changed. The existing laws and regulations are difficult to adapt to the changed practical requirements, or need to be revised or abolished.
Third, the reform of public institutions needs the cooperation of relevant systems, such as public finance system, social security system and civil service system. The reform of relevant systems and the improvement of laws and regulations determine and influence the success or failure of the reform of public institutions to a certain extent.
(b) Structure of the legal system of public service
1, Public Welfare Organization Management Law
The Public Service Organization Management Law is the general name of the legal norms regulating the organizational management relationship and internal management of public service subjects in the process of establishment, change and termination. For example, the organization management law of public institutions and the organization management law of non-profit organizations. Through the management law of public service institutions, the connotation, purpose, rights and obligations of public institutions and non-profit organizations, the establishment, establishment, change and termination of internal institutions, and procedures are clarified.
2, public * * * service execution law
Public service implementation law is the general name of legal norms to adjust social relations in the implementation of public service activities For example, the Education Law of the People's Republic of China, the Health Law of People's Republic of China (PRC), and the Tax Law of Institutions and Non-profit Organizations. Through the Law on the Implementation of Public Services, different types of public service organizations are given different rights and obligations, and their legal responsibilities are clarified.
3, public service supervision and management law
Public service supervision and management law is the general name of legal norms to adjust social relations in the supervision of public service activities. Under the market economy system, the role of * * * in public services is "* * * not to provide public services, but to ensure the provision of public services". Through the Law on Supervision and Management of Public Services, the nature, legal status and main responsibilities of supervision institutions are clearly defined to ensure the full and effective provision of public services and meet social needs.
Is it illegal to change the nature of public institutions from full funding to balance allocation? The source of funds is not something that your company can change if it wants to. It must have been approved by the higher authorities, editorial board and finance department. Moreover, institutions all over the country are now undergoing reforms, and many units even have to divest their career establishment and turn into enterprises.
Personally, unless your business is poor, the balance distribution is much better than the full allocation. Full-funded wages are dead and there is no civil service establishment. The salary of the balance distribution shall be borne by its own funds. If the benefits are good, you can get extra bonuses. Everyone can earn more by working harder at ordinary times, so why not?
What is the difference between a public institution and a fully funded public institution? Fully funded institutions are a kind of institutions. Institutions are divided into administrative institutions and public welfare institutions in the new round of classification reform, and the latter is divided into three categories. As for whether to fully allocate funds, the administrative institutions fully allocate funds; Public welfare organizations are partially fully funded, and it is more difficult for public welfare organizations to obtain full funding. Whether to allocate funds in full or not shall be decided by the organization establishment committee in charge of the Party committee.
The competent department of fully funded institutions directly under the municipal government and county-level institutions is the county personnel bureau, and you can consult them specifically; Generally, you should contact them first when you enter the unit. They lack people like you, and there are places. Finally, the current work unit should agree to transfer out, and someone will take your current job; It takes a long time to be psychologically prepared for success, and it is more difficult to move from rural areas to cities.
Institutions with full financial allocation can also take the civil service examination during the probation period. If there is no conflict, the probation period is generally one year. If you pass the exam, people won't let you, so you can ask for leave if something happens.
What is a fully funded institution? Hello, Chinese public education is at your service.
Full appropriation means that all the funds of this unit are allocated by local finance, and the unit itself cannot generate income, so there is no pressure of economic indicators.
Fully funded units are more comfortable, but the extra income will be less.
I hope it helps you ~
If in doubt, please consult the public education enterprises in China.
Hello, Chinese public education is at your service.
Hello,
Fully funded institutions are also called fully funded institutions, that is, institutions that implement full budget management. This is a management form in which all required business funds are allocated from the state budget. This form of management is generally applicable to institutions with no or unstable income, such as schools, scientific research institutions, health and epidemic prevention, industrial and commercial management and other institutions, that is, personnel funds and public funds must be provided by the state finance. Adopting this form of management will help the state to comprehensively manage and supervise the income of public institutions, and at the same time, the funds of public institutions will be fully guaranteed.
If in doubt, please consult the public education enterprises in China.
What's the difference between a fully funded institution and one that doesn't participate? Full funding for enterprises to participate in public services refers to the salary of civil servants, that is, just like the salary of civil servants, not participating in public services means paying wages according to their own salary system.
What is the difference between a fully funded deputy department-level institution and a fully funded main department-level institution? It makes no difference. It's all about institutional review of original posts >; & gt
Satisfied, please adopt.
Will fully funded institutions lay off employees? Generally, unless there is gross negligence at work or criminal responsibility is investigated.
Full-time institutions and civil servants are the legendary iron rice bowls.