| Summary: | 博士 === 中國文化大學 === 中山學術研究所 === 99 === Facing the tide of global unification, the role and function of the government must be changed to become more flexible in order to effectively cope with the variable international situation. But in Taiwan, you can see such unbelievable phenomena as the framework of autonomous organizations confined within several specific categories and levels by the consititution to cause a restraint on its tactical adjustment and the possibility of rebuilding, the trapped authorities of the central and local government due to the regulations of the Chapter Eleven of the constitution and the concept “System Guarantee” introduced by the grand justice of the Judicial Yuan from the federal nations to hinder the function of the macro control of the authority. In addition, the central government has ceaselessly extended its governance power to the complete administration system through legislation, which caused that the local government could share only limited authorities within the allowable space of the law distributed by the central government. Hence, even though all experts and scholars from different fields fully understand the trend of the reform of decentralization system under the globalization of this twenty-one century and have an insight into the pressing needs of international competition, the constitution cannot anyhow provide any support to the local government.
This paper is intended to analyse the transition trend of of the core thoughts of Taiwan’s local system from the viewpoint of historical institutionalism and to uncover the actual situation of interaction between the central power and the local government from the viewpoint of resource dependency. Furthermore, how to learn from the French model after a transnational comparison of system development models to find out a suitable system for Taiwan is also the study emphasis of this paper. The contribution of the research findings of this paper is as following: 1) to make up the lack of a study on an intergovernmental relationship; 2) to expand the field of the transnational comparison of local system for learning; 3) to discover the evidence for the history of the legal system of vertical decentralization in Taiwan; 4) to offer the strategy about the power battle between the central and local government; and 5) to propose a project that can respond to the future system reform and construction.
Particularly since December 25, 2010, there have been five municipal mayors of newly created special municipalities born in Taiwan from the municipal mayoral election whose powers have become a threat to the Cabinet, which made people from different fields feel very worried. However, all we have to know when the system reform was implemented, it cannot go back in the futrue. This paper is thus to conclude that the formation of five special municipalities is absolutely not the end of the system reform but the beginning of regional integration action Taiwan has taken for responding to the global competition. The key points lie in while facing severe challenges of international competition under globalization, how to carry out a long-range plan based on the current foundation with macro thought model, how to take next step, how to develop the future, particularly how to reconstruct the power, function and authoritative dominion of the government organizations and how to distribute the powers among the central and local government.
This paper is to accept the reality of path dependency and based on the transitional path of the local system, to propose two sets of reform strategyies for Taiwan’s vertical decentralization system, “Comprehensive amendment of the constitution coping with globalization” and “Partial reform of the framework of the existing constitution”, through the inspiration of French experience from the viewpoint of resource dependency, which suggest 1) to construct three levels of governmental administration framework from the central authorities, integration level to service level; 2) to build a complete development from the main metropolitan linked to the local area; 3) to simplify the government’s vertical supervision to be the two-level system of the central and local government; 4) to set up the management system with double chief in the local government; and 5) to enact the special law for the vertical adjustment of the functional authority.
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