公平交易委員會係參考外國獨立管制委員會，為達一定管制目的而設，具有準立法、行政及準司法權限。獨立住機關之特質，指立於一般行政機關體系之外，不受任何機關之指揮監督，獨立自主運作。依公平法第二十八條規定「公平交易委員會依法獨立行使職權，處理有關公平交易案件所為之處分，得以委員會名義行之。」本文研究公平會獨立性相關問題，就應然面言，公平會獨立性，指委員獨立；依法，指依實質法規範'包括公平法、行政命令及競爭政策等；獨立，指不受其他機關干涉；行使職權指行使競爭法之職權，但不包括調查權。惟就實然面言，公平會隸屬於行政院，層級設計上偏低，且委員由行政院長提請總統任命，未受國會行使同意權拘束，其決議處分違反公平法案件，並非類似外國具有準司法地位，皆影響公平會職權行使。建議在公平會委員有關身份保障、公平會行使職權之行政程序、行政調查及行政救濟等，均應符合法治國行政組織法基本原則。無論如何，我國公平會獨立性運作仍有待努力，相信維護交易公平，建立市場競爭秩序，獨立運作行使職權的公平會是被期待的。

Fair Trade Commission (FTC) is being set up for the certain controlling purpose and it's framework is reference to the foreign independent regulatory commission, it has the power of quasi-legislative, administrative, and quasi-judicial. The native of independent organization is that would not being commanded and monitored by any other government agency and in the position which is outside the general governmental agency, and function independently by the agency itself. According to the Article28 of Fair Trade Law, ruled that "The Fair Trade Commission shall function independently according to law, and dispositions by the FTC in respect of any fair trade cases may be executed in the name of the Commission." This Artic1eis researching the independence of FTC, and in the regulatory side, the said independent of FTC means the commissioner independent; and in the side of law, the independent means FTC should be in concord with the enacted law, inc1uding the Fair Trade Law, administrative orders, and the competition policies; and the independent means that FTC should not being intervened by the other agencies; the function independently means that the FTC should decide the executive power of competition law, but not inc1uding the investigating power. In current situation, however, FTC is one of the agency under Executive Yuan, this kind of level is much lower than any other countries’ government framework. And the commissioners of FTC should be nominated by Minister of Executive Yuan and appointed by President, this process is not obligated by Congress. By the way, the final decision of FTC which was judged that the firm's acted in illegal is not as similar as U.S. FTC’s quasi-judicial position ,the factories which we mentioned above would all have an effect on the function of FTC. We suggested that FTC should according to the general principle which is administrative organization law of rule of law in the categories of the protection of commissioner’ s status, the administrative process which FTC could operate functionally, the administrative investigation, and the administrative relief. In any case, the independent functional operation of FTC is still being expected to make efforts, and we all expected that the independent functional operation of FTC would really maintain fair trade, and construct the market competition order.