设置独立机关主要是出于整合与协调社会利益和弥补民主政府因利益代表而产生的社会不信任感的需要。独立机关的设置应不属“宪法”的诫命,但其存在是“合宪”的。独立机关仅限于具体个案决定有独立自主行使职权可言;至若通案的政策决定,解释上应该是,只要在行使职权范围内,非不得为之,但此种政策决定就不在独立行使职权范围内,仍应与其他机关协调,并受“行政院”指挥监督。不服独立机关作成之行政处分,直接提起行政诉讼即可,无须先行诉愿。“立法院”拥有对独立机关的人事同意权,从而限制但又不至剥夺“行政院”对独立机关的人事权。以独立机关为例,“行政组织法”的完善需要从“宪法”的高度予以检视、解释。 The establishment of an independent organ is mainly due to the need to integrate and coordinate social interests and compensate for the sense of social mistrust that democratic governments generate through the representation of their interests. The establishment of independent institutions should not belong to the “constitutional” commandment, but its existence is “constitutional”. The decision of the independent authority is limited to specific cases and it can be said that independent decision-makers exercise their own powers at will. At the time of policy decisions, the explanation should be that as long as they are within the scope of their functions and powers, they should not be independent of their own authority Within, should still be coordinated with other agencies, and by the “Executive Yuan ” command and supervision. If they refuse to accept the administrative sanctions made by an independent authority and directly file an administrative lawsuit, they will not need to go before the petitioner. The “Legislative Yuan” has the personnel right of consent to the independent authority, thereby limiting but not depriving the “Executive Yuan” of the personnel rights of the independent authority. Taking the independent authority as an example, the perfection of the Administrative Organization Law needs to be examined and explained from the perspective of the Constitution.