The Study on Legal Systems about the Supervision of The Local Self-Governing Bodies by The State

• Main Authors: Jen-chun Li, 李人郡
• Other Authors: Shuai-Lian Deng
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/5c8mbc

碩士 === 國立中山大學 === 中國與亞太區域研究所 === 103 === The supervision of the local self-governing bodies by the state is mainly out of local self-government. This is because the idea of local self-government in local self-governing bodies is originated from the self-consciousness of local self-governing bodies, which deal with the affairs within their self-governing area and realize self-responsible spirit. Nevertheless, although local self-governing bodies can deal with the affairs within their self-governing area according to their self-consciousness, they are after all not independent of the state. Since a state has to maintain overall unification of law and order, and ensure its governance up to a standard, it has to implement supervision of local self-governing bodies, with the aim to make the acts of local self-governing bodies pursue self-realization in stable steps under two prerequisites: no violation against the entire legal system of the state and ensuring of greatest well-being for people. However, while the central government is implementing supervisory measures of local self-governing bodies, the self-governing room for local self-governing bodies to conduct self-realization must be compressed. If the self-governing area of local self-governing bodies is excessively intervened, there is a fear that local self-governing system merely turns out to be a slogan. If local self-governing bodies disagree with any illegal acts of the central government or its supervision of local self-government, the central government should allow local self-governing bodies to file an administrative remedy procedure against these acts in order to relieve the infringed local self-government. This paper attempts to take a research approach following the five major frameworks of Administration Law, namely administrative basic principles, administrative organization, limit of administrative rights, administrative relief and administrative surveillance. Based on these 5 aspects, the paper analyzes the laws concerning the supervision of the local self-governing bodies by the state, and then points out where the problems are, and gives suggestions for improvements. It is hoped that the studies of this research paper can make the whole legal system more sound and perfect.