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Abstract
The development of local self-government of Kinmen County is very different from that of Taiwan Province. It was not until November 7, 1992 when Kinmen was demilitarized, did it be included in self-rule outline of administrative decree. In the recent decade, with the reform of constitutional system, the enforcement of Self-governance Law for Provinces and Counties and Law on Local Government Systems, and most importantly with Provincial governments’ loss of its position as public legal corporation of local autonomy and becoming one of the organizations of Executive Yuan which reinforce their jurisdiction and function and therefore bring the opportunities of developing local autonomy to Kinmen county. The relationship of local government and council has become the inner circle of local autonomy. What would the legal norm for both parties be is the original intention of this research.
The main idea of this dissertation is about legal norm of local government and council under the local government system. Thus, the research mostly adopted static state way of legal institution investigation and document analysis. Apart from those, comparison analysis and on the spot observation are also used in order to make the report more explicit.
There are six chapters in this report, which totaled about some 120,000 words.
The first Chapter- Preface interprets the motives, purpose, ways and structure, and range of this research; and moreover to obtain the experiences from others through the study of local government organization system and the relationship between local governments and councils and the related documents. The second Chapter - Comparison of the Organization Types of Local governments is regarding local government systems in other nations and their current situation. The third Chapter — Legal Design of Local Government Organization which is about the Constitution Chapter Eleven and item nine of its additional articles regarding the structure and substance of local government system under the scheme of the constitutional government. The fourth Chapter — Comparison of the Legal Institutions Between Local Governments and Councils is analysis and comparison about the legal institutions differences in the period of Self-governance on Provinces and Counties and relationship of local government and councils after the structural adjustments were made to Taiwan Provincial Government (TPG) and Fuchien Provincial Government (FPG) in order to realize the evolution of local governments and councils. Chapter five — The Legal Institutions Framework of Kinmen County Government and Council is about the legal institutional design under Law on Local Government System and the relative laws through four directions of power division on the equal terms, containment and cooperation so as to clarify and present the relationship of Kinmen County government and council. Chapter six- Conclusion is to sum up the above research results and list the major findings from this research and present the related suggestions such as to set up periodical conferences flexibly, the number of days of temporary conventions, enhancement of the conducts of the councilors, consolidation of the council’s legislative function, modification of the renewed discussion, defining the range of budget audition, conciliation device of dispute between the government and council…etc, hopefully could be the references for the following researchers.
Key words: Relationship of the government and council, Local government system, Division of power, Reciprocal containment and equilibrium, Reciprocal equality, Division of labor and cooperation.
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