The Analysis on the Legal Effect about Local Autonomous Regulation for Local Administrative body

• Main Authors: Yu-Shih Huang, 黃玉詩
• Other Authors: Chun-Chen Chi
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/55200647291860737870

碩士 === 元智大學 === 管理研究所 === 91 === bstract On Jan.25.1999，the「Local Government Act」was publicized，sanctioning the local councils to wield substantial right within their jurisdiction in the future，changing all the autonomous codes and articles to 「Autonomous Articles」 with the local administrative agencies allowed to establish「Autonomous－codes」，and design as 「Commission codes 」 those assigned tasks by basing such on central laws，sanctions，or jurisdictions 。In as such，the room for autonomy in local legislative right has generally been expanded，Whether for local autonomous groups，autonomous issues，and limited legislative right for commission tasks，The legislative powers of autonomous group has been upgraded from an oppressed administrative instruction to one with local legal status。 Local legislative powers is the nexus local self- government。Autonomous laws is the key legal basis for autonomous groups to promote autonomous issues ，The local autonomous laws is related to the new design of specification and function so autonomous laws，not to be likened to the limited legal efficacy of local laws of the past ，Upon Closer examination，Though more complete and advanced than before，the autonomous law are still operated via a mode highly biased towards centralized power ，Hence this paper maid examines the limits of vertically－distributed legislative rights。 Finally this paper proposes the Follows 1、Quickly establish relevant by laws or local Self－government laws so as to achieve comprehensive rule-by-law。 2、Refer to the American system and explicitly define central and local jurisdictions，and delegate the remaining rights to local parties。 3、Refer to the American and German systems where「intra-governmental-disputes」are handled by「bureaucratic suit」， and set up an 「autonomous court」’inside administrative courts。 4、Local autonomous groups should acquire rights from the bottom up。 5、Via legislative revisions，distinguish self-governing matters in local policy laws in to optional and obligatory categories。 6、 Enhance the caliber of local law-enforcemen t personnel。 7、.Establish laws to advance localized rights so as to promote localized legal policies。