Abstract:The key to the reform on the corporate governance structure of public institutions lies in the administrative departments of public institutions transferring business decision-making right of public institutions to the board of directors, which involves the transfer of business decision-making rights. Therefore, the establishment of the corporate governance structure of public institutions is essentially a process of rights transfer, which can be regarded as a transaction between the government and the public. The analysis of the transaction characteristics shows that due to the strong specificity of the assets in the transaction accorded by complete business decision-making right and under the influence of the high transaction cost of insider control caused by opportunistic behavior within public institutions, the operational decision-making right is divided into business decision-making right, budget decision-making right and personnel decision-making right in practice. At present, what the government hands over to the board of directors is only the business decision-making right rather than the complete operational decision-making right. Only when the transaction cost is reduced can the operational decision-making right be truly transferred.
吴海燕, 赵洋. 交易、交易特性与事业单位法人治理结构改革:以深圳市为例[J]. 《深圳大学学报》(人文社科版), 2019, 36(3): 107-115.
WU Hai-yan, ZHAO Yang. Transaction, Transaction Characteristics and the Reform on Corporate Governance Structure of Public Institutions: A Case Study of Shenzhen. , 2019, 36(3): 107-115.