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A Study Of The Legislative Expertience In Taiwan On Public Governance Over Social Group

Posted on:2012-07-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Q ChenFull Text:PDF
GTID:1116330371955508Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In modern society with diverse development in all fields, the need to acquire more social group becomes imminent in order to fit people's desire and request into detailed and tailored public matters. Additionally, these social groups might best represent the ideas or public statement of that interest group by right of speech in word or in action, which preserves the social or legal need for members within that group. However, the overly allowance for speech or actions by those social groups may reach the point where society in whole becomes unstable due to violence or illegal actions and therefore public governance over those group is needed in the sense of legal system. The balancing point between those two needs, need to speech and need to peace, are always in transition in response to different social, cultural, historical and economic factors residing in every given society. This article starts from historical analysis of social group enactment in Taiwan, from 1968 till now, and relevant factors to enable modifications within these years. Subsequently, this article tries to approach the policy behind those enactments and compare with other relevant school of systems by analyzing pros and cons of each of them so that a better suggestion to the amendment can be proposed by the end.First chapter states the motivation, purpose, research method, and limitation on this article, as well as the reason to take Taiwanese relevant rule of laws as the subject matter. This article endeavors to extract comparable empirical factors in Taiwan history to similar social context in China.Chapter two states the traditional meaning and function of social group by differentiating ambiguous terms, such as non‐governmental group, non‐profit organization and etc. We then define the official meaning of social group from the reference of Taiwanese legal system and discussion of origins and theoretical structure of social group in that sense. KEY WORDS: Social group, Legal system, Administrative managmentChapter three illustrates the changes and movements behind every amendments of legal structure of social group in Taiwan in the past sixty years. It is particular important to discuss the background factors affecting the law in the time of military regulation, as well as advancements of relevant legal systems into new region where administrative actions are based on rule of law.Chapter four focuses on analyzing factors behind late enactment on relevant laws, failure of package enactment, administrative screening on people's act, review on administrative acts, taxation privileges, public fund raising, self‐diciplinary group and etc.Chapter five uses comparative study over counterpart in United States of America, United Kingdom of Great Britain, Japan and Germany, including publication on administrative information, legal status over social group, taxation, supervision and managerial aspect and so on, in order to provide suggestion to present Taiwanese lawChapter 6 The Legislative Suggestion and ConclusionBased on the problems of the Taiwan positive laws on public governance over social group and administrative management shortcomings, this article tries to give a better suggestion to the relevant amendments and the foresights of the legislation in future, and finally from the macro point of view, trying to construct a legislation on public governance over social group in accordance with the modern social environment in Taiwan.
Keywords/Search Tags:Legislative
PDF Full Text Request
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