||Regard the local government, although in The Constitution chapter 10 (Powers of the Central and Local Governments) and in chapter 11 (System of Local Government) clearly state the self-governing power of the local authority, and mentioned the boarder line for the self-governing matters. However under the past influence of the centralized government structure, all matters are government affairs nation wide, the local governments are only to carry out the orders, in fact those so called the local governments are central government appointed departments, therefore delegation, commission or assignment of an administrative authority become less important, further more, the action is meaningless. Even to this day, the era of the local self-governing, delegation, commission or assignment of an administrative authority still faces many problems (For example Taipei and Kaohsiung, the two cities have their municipality directly under the jurisdiction of the Central Government office, and the office must monitor the appoint of the legislation, after the careful monitoring of the process of the appointing, then the follow the legislation shall legalize the practice, whether power commission may be exercised between two agencies of the same administrative bodies, whether a local government agency may commission with its supervised agency to exercise a part of its powers, etc……), the cause of the confusion all goes back to the unclear separation of powers between the central government and the local governments, and to clearly regulate the problem in a short time isn’t easy, therefore the urgent solution is the required for the disagreement from individual offices about the delegation, commission or assignment of an administrative authority etc……, for this reason the aim of this study is to probe into the self-governing practice, detail the process and to recommend, to propose the following:|
1. Study shows:
a. The legislation of the power delegation rationalize the distribution of the manpower resources for the local government, shortens the time of decision making, lightens the responsibility of individual power delegating, and increases the proper use of the local self-governing power.
b. The legislation of the power commission benefits the distribution of national resource of manpower, allows the proper practice of such actions, which also develop the advantage of direct office contact and the action of mutual aid.
c. The legislation of the power assignment also sets up the vertical administrative supporting relationship between administrative bodies, and has the efficiency of the administrative offices’ convenience work to its best.
I. The making of legislation:
a. Central government office shall define the meanings of delegation, commission and assignment of an administrative authority, give each action a clear responsibility, document the procedures and the importance of the above actions, in orders the administrative offices to put them in proper practice.
b. The legislation should unify the terms for delegation, commission and assignment of an administrative authority. Define the principles of responsibilities for the central government and the local governments. The method of dividing the central-government and self-government matters according to its administrative needs in the present constitution is no longer up to date.
c. Revise and set up the procedures of the legislation of assignment.
II. Change the point of view:
The central government should respect the power of the local government, implement the practice of self-governing, grant and authorize the local assignee to its complete power, respect the local assignee power to its max, increase the elasticity and the flexibility of the assignee office, put the nature and the resource of the manpower of the local government in consideration through the procedure of assignment. The local governments shouldn’t unduly depend on the support of the central government like in the past, but welcome the time of self-governing, set up and face the idea of self-governing system, truly practice the age of autonomy.