A Study on the Local Self-Government & the Local Self-Government Financial Power in the Constitution: Case Study on Taoyuan County
Date Issued
2009
Date
2009
Author(s)
Liang, Fang-Fang
Abstract
英文摘要bstractaiwan has implemented local self-government since the Kuomintang Government move to come to Taiwan until now, although has already legislated“The Local Government Act”, as if has the good effects regarding the local self-government legalization, however, still completely had not only been departed from the centralization of state power actually. It has caused the more financial deficit the Central Government finance is, the more insufficient and more unequal the Local Self-Government finance is. It has ignored the true significance of the Local Self-Government and the Local Self-Government Finance Power in the Constitution as well. Therefore, the thesis discusses the Constitutional Basal Principles from the constitutionalism of the foundation of the freedom, democracy, legalism, and the People''s sovereignty nature of the Local Self-Government and the Local Self-overnment Finance under the principles, and then to examines the related problems posed under the current system , derived from the Constitutional Basal Principles and the People''s Sovereignty nature of the Local Self-Government, thus proposes responding strategies.he thesis adopts “new system doctrine research approach” to conduct it. It is also assisted by an analytical research method of literature and in-depth interview with scholars and government officials. The research discusses the following topics: 1. The Local Self-overnment and the Local Self-Government Finance under the Constitutional Basal Principles of our country. 2. Found the problem of the Local Self-Government and the Local Self-Government Finance of our country out under the Constitutional Basal Principles and the nature of the Local Self-Government.3.It is necessary to build up the participation system. 4. To alter the Local government Act and the Local Administration Organization regulation and the Regulation Relevant to the Local Self-Government to carry out freedom and the equal principles. 5. Divide the jurisdiction between the Central Government and the Local Government clearly. 6. To propose the clause of the institution of the solution dispute--the Legislative Yuan in the Constitution and the Local Government Act to be amended as the Judicial Yuan. 7. In accordance with the function to establish the principle of the classification of the expenditure. 8. In order to improve the local financial autonomy, the Central Government should give the local taxation power back to the Local Self-overnment Organizations. 9. It is necessary that to improve the local financial autonomy and to set up responsibility financial system. 10. To legislate the financial discipline law, in order to strengthen financial responsibility.t is very important that the Central Government how to transfer the money, power, responsibility to the Local Government under the Constitutional Basal Principles of our country, and give them enough autonomy, and train them to be self- management, self-iscipline, self- responsible, While promoting in the “three metros, fifteen prefecture”. If the Central Government gave up the top-down patronage system(the Principle of the Democratic), separated the authorities(the principle of the Separation of Powers) clearly, equaled the Local Self-Government Organization at the Same level about the allocation of resources and improved the local financial autonomy ( the principle of the Fundamental Rights, the Principle of the People''s Livelihood and Welfare State), gave the Local Self-Government Organization the higher safeguard the litigation(the Principle of State of "Rule of Law"), made every the Local Self-Government Organization to attain the same level safeguard under the Constitutional Basal Principles, the local’s existing problems would be solved mostly, and would developed leap ahead. r. Sun Yat-Sen once said the Local Self-Government is a foundation of the national construction. Therefore, it is worthy to ponder over that the “three metros, fifteen prefectures” whether to conform to the safeguard under the Constitutional Basal Principles by the Central Government. The thesis proposes superficial opinions to the Local Self-Government and the Local Self-Government Finance Power. My view is not well-thought-out. Please oblige me with your comments on the inappropriate places.
Subjects
the Constitutional Basal Principles
the Local Self-Government
the Local Self-Government Finance Power
the Local Government Act
he Revenue and Expenditures classification Act
SDGs
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-98-P96341010-1.pdf
Size
23.53 KB
Format
Adobe PDF
Checksum
(MD5):9f6e54548ad48e51b3ed652e79b9cf21