| Summary: | 碩士 === 國立暨南國際大學 === 公共行政與政策學系 === 104 === Regulations Governing Litigation Aid for Civil Service for Performing Duties is authorization command of Civil Service Protection Act, it is a legal norms, so as to legal norms outlook view, is a very natural thing, but this article to expand the field of vision, a macro point of view the system of visual, the division specification view, but still added to the policy and management point of view, and this inspiration from David H. Rosenbloom believes public administration issues, can be discussed from three points of the politics (policy), management and law norms. This paper argues that such thinking can be circumspect, the problem can be completely solved, this article is problem-oriented, and so to find the theoretical solution to the problem.
These three points, the main standard policy, management and law from the relationship "policy decision management", "management decisions law norms", from the institutional framework Ostrom's analysis, the deduced, discussed herein after, this does appear phenomenon. The concept means that policy is the upper, middle management is the concept of legal norms is the underlying concept.
In David Halpern "social capital" masterpiece, the mining giant outlook, meso and micro view of social capital, this paper has taken a similar view, that policy should macroscopic view, management should be in the viewing, the legal norms should microscopic examination of . But this concept is relative, because the policy direction of the Department relates to the issue, is comprehensive, should macroscopic of view; management issues related to the implementation, in the field of vision than the policy, slightly smaller, so to neutralize the viewing of; law regulates issues related to the operation, in the field of vision than the management, but also the smaller, so to the microscopic examination.
This article is divided policy, regulatory and legal norms three-level civil servants from the public to view the suit assisted approach, summarized as follows:
Policy: A five-stage policy: policy formation, policy planning, legalization policy, policy implementation and policy evaluation, to be of the view. Policy issues related to the formation and institutional safeguards, Policy Planning and the government to take care of principles, policies and delegated legislation related to legalization, financial resources and the implementation of policies relating to the budget, and policy evaluation assessed separately from the administrative proceedings, funding and other issues.
Management: Management elements: people, time, funds, and other views of the matter. It found that people respect it too much, when the terms of tube well funded it too much, but things are contrary to the terms of organizational fairness.
Law specification: Elements of the law: the objective elements - performing their duties, program requirements- the proceedings, and the subjective view of the requirements - no intentional negligence and other three elements.
Comprehensive view of the above, can be drawn from five missing, and so put forward five recommendations: to enhance the legal hierarchy, the abolition of civil servants and service agencies the suit, not the provisions of the grant, the suit can be expanded to assist type of administrative litigation, Components integration and be expressly provided, Components and other content expressly provided. Of which the first three legislative policy issues, legislative technical problems of the latter two, if possible legislative policies should have priority.
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