| Summary: | 碩士 === 國立臺灣大學 === 政治學研究所 === 93 === Republic of China is entering the autonomy process officially after Local Government Act is published. The local autonomous group has to be provided with good finance, autonomous organization rights and personnel rights to get local autonomy moving. According to the Five Powers Constitution in Republic of China, the Examination Yuan is not only an examination organization, but also has personnel administration function, which splits up the organization rights into administration organizations of supervision in local autonomous group. The Executive Yuan defined it as “for reference” according to the Local Government Act 62, however, the Examination Yuan defined it as “approval” according to the Civil Service Employment Act 6. Although the Local Government Act defined civil service as “for reference”, the political position between them is different.
Local Autonomy Theory addressed that local autonomous group has autonomy power to push autonomy events, and organization rights is the most important one of it. If organization rights need flexibility of autonomy, the superior government should be more careful about the way of supervision: 1.Principle of Proportionality; 2.Principle of Good-Neighborliness; 3.Principal of Subsidiary; 4.Principal of Preference. While deliberates the local autonomous group organization should consider 4 principles as below: 1.Limitation of Law Reservation; 2.Limitation of Core Legislator; 3.Principle of Local Reservation; 4.Principle of Proportionality. Taking friendly attitude to local autonomous group, which made central and local governments as a partner in this huge transition environment. The main idea of New Public Management emphasized that to release control, or decrease the power of control and supervision…etc. Taipei city government already becomes experienced in executing autonomic events since Municipal Self-Government Law was published. As long as Taipei is a capital city, central government should allocate more autonomous flexibility to make Taipei city more competitive in such a global environment.
In conclusion, the Executive Yuan already changed the supervised way of organization rights in local autonomous group into for reference, which is defined by Local Government Act. But Ministry of Civil Service defined it in Civil Service point of view to process legal supervision in allocating official position principle, which is the same as processing deliberation by approval. However, it should take more consideration while the autonomy in local autonomous group is getting stronger.
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