行政法人董事會組織特性與功能屬性之研究
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2019
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政府為增進公共事務執行效能，自2011年行政法人法施行以來創設4間中央層級行政法人，以執行公共任務為目的，透過法規鬆綁，加強行政法人運作彈性，並以董事會做為內部治理單位，負責決策行政法人重大事項，對於行政法人營運影響甚鉅。然而研究者檢視現有文獻，發現董事會研究多屬公司治理領域為主，行政法人相關研究集中於法規制度或運作現況，針對法人治理與行政法人董事會研究闕如，因此本研究以「行政法人董事會組織特性與功能屬性之研究」為題，採取質性研究法，選取單一行政法人董事會為研究個案，透過深度訪談、實地觀察與文件分析方式，瞭解行政法人董事會組織特性與功能屬性。
本研究結論共分為2大面向，各提出3點結論：
一、行政法人董事會組織特性
（一）行政法人目標、利害關係人與轉型前觀念影響董事會成員組成。
（二）行政法人董事具有代表性與獨立性。
（三）行政法人董事多元性有待提升。
二、行政法人董事會功能屬性
（一）行政法人董事會具備組織治理、政策決策與首長質詢職權。
（二）行政法人董事會應發揮監督、諮詢與提供資源功能。
（三）行政法人董事會面臨監督功能與管理職權發揮受限。
根據研究結論，對行政法人監督機關、行政法人與後續研究者提出研究建議如下：
一、對監督機關之建議
（一）增進董事遴選透明化與組成多元化。
（二）建立董事會相關準則與規範。
二、對行政法人之建議
（一）訂定董事評鑑指標。
（二）加強董事會對行政法人概念與組織之瞭解。
三、對後續研究者之建議
（一）擴展法人治理研究面向。
（二）比較行政法人間治理情形。
In order to enhance the effectiveness of public affairs, the government has created four central-level Non-Departmental Public Bodies (NDPBs) since the implementation of the Non-Departmental Public Bodies Act in 2011. With the aim of executing public tasks, the government has strengthened the operational flexibility of NDPB through relaxation of laws and regulations and has adopted the board of directors as an internal governance unit, is responsible for the decision-making process of major matters of NDPB. Hence the board of directors has huge impacts on the operation of NDPB. Past research on NDPB has been carried out intensively into the legal system or the current state of operation instead of corporate governance. Therefore, this study focuses on the organizational characteristics and functional attributes of NDPB’s board of directors. The research was conducted into the board of directors of a certain NDPB by implementing qualitative methods. Through in-depth interviews, field observations and documental analysis, the organizational characteristics and functional attributes of NDPB’s board of directors were clarified. The conclusions of this study are divided into two major aspects, each of which proposes three sub conclusions: 1. Organizational characteristics of NDPB’s board of directors (1) The composition of the board of directors is affected by the aims of NDPB, interested parties and the concept before organizational transformation. (2) Directors of NDPB features in representativeness and independence. (3) The diversity of NDPB’s directors needs to be improved. 2. Functional attributes of NDPB's board of directors (1) NDPB's board of directors have the authority of organizational governance, decision-making, and heads of inquiry. (2) NDPB's board of directors shall exert the functions of supervision, consultation, and provision of resources. (3) NDPB's board of directors are limited due to supervision and management authority. According to the research conclusions, suggestions for NDPB supervisory authority, NDPB, and follow-up researchers are as follows: 1. Suggestions to the supervisory authority (1) Enhance the transparency of directors' selection and diversification of composition. (2) Establish relevant guidelines and norms of the board of directors. 2. Suggestions for NDPB (1) Institute indicators for director evaluation. (2) Intensify the understanding of the board of directors on the concept and organization of NDPB. 3. Recommendations for follow-up researchers (1) Expand the research direction to corporate governance. (2) Compare corporate governance in betweeneach NDPB.
In order to enhance the effectiveness of public affairs, the government has created four central-level Non-Departmental Public Bodies (NDPBs) since the implementation of the Non-Departmental Public Bodies Act in 2011. With the aim of executing public tasks, the government has strengthened the operational flexibility of NDPB through relaxation of laws and regulations and has adopted the board of directors as an internal governance unit, is responsible for the decision-making process of major matters of NDPB. Hence the board of directors has huge impacts on the operation of NDPB. Past research on NDPB has been carried out intensively into the legal system or the current state of operation instead of corporate governance. Therefore, this study focuses on the organizational characteristics and functional attributes of NDPB’s board of directors. The research was conducted into the board of directors of a certain NDPB by implementing qualitative methods. Through in-depth interviews, field observations and documental analysis, the organizational characteristics and functional attributes of NDPB’s board of directors were clarified. The conclusions of this study are divided into two major aspects, each of which proposes three sub conclusions: 1. Organizational characteristics of NDPB’s board of directors (1) The composition of the board of directors is affected by the aims of NDPB, interested parties and the concept before organizational transformation. (2) Directors of NDPB features in representativeness and independence. (3) The diversity of NDPB’s directors needs to be improved. 2. Functional attributes of NDPB's board of directors (1) NDPB's board of directors have the authority of organizational governance, decision-making, and heads of inquiry. (2) NDPB's board of directors shall exert the functions of supervision, consultation, and provision of resources. (3) NDPB's board of directors are limited due to supervision and management authority. According to the research conclusions, suggestions for NDPB supervisory authority, NDPB, and follow-up researchers are as follows: 1. Suggestions to the supervisory authority (1) Enhance the transparency of directors' selection and diversification of composition. (2) Establish relevant guidelines and norms of the board of directors. 2. Suggestions for NDPB (1) Institute indicators for director evaluation. (2) Intensify the understanding of the board of directors on the concept and organization of NDPB. 3. Recommendations for follow-up researchers (1) Expand the research direction to corporate governance. (2) Compare corporate governance in betweeneach NDPB.
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行政法人, 法人治理, 董事會, 董事會功能屬性, 董事會組織特性, board functional attributes, board of directors, board organizational characteristics, corporate governance, Non-Departmental Public Body