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The Study On Korean Local Systems

Posted on:2013-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:L PanFull Text:PDF
GTID:2246330374481191Subject:Law
Abstract/Summary:PDF Full Text Request
Korea near from China continue to actively or passively absorb advanced western democratic ideals since its establishment in1948.Especially after1980s,South Korea has been achieving high-speed development, becoming a model of advanced political system in democracy and the rule of law in East Asia.. South Korea’s local system is rather characteristic. It not only combines the advanced ideals of Civil law and common law, such as the ideals of democracy, of human rights and of power constraints, but also gradually forms local models for their own national conditions from their own reality. Because South Korea with similar political ethics and the concept of state was Influenced by Confucian culture, the importance of ts local system can not be ignored for exploration of our local system.South Korea implements local self-government system since the founding. The promulgation of the1949Constitution and the Law on Local Self-Government has laid the legal foundation for local self-government. After that, the gradual establishment of local systems of residents voting system, the local financial system, the local electoral system is inevitable with the characteristics of the local self-government. Therefore, I believe that Korean local system is equivalent to the system of local autonomy. In East Asian countries, South Korea and Japan are especially the most obvious.Prior to the main content of the local system in South Korea, I first make a brief overview of the concept of local self-government, then summarize and analyze the historical development and main features of the local autonomy system in Korea. This helps to have an initial comprehensive grasp of South Korea’s local autonomy system. The core content of the local autonomy system in Korea is the local government bodies, including local councils and local administrations to two components. The local council is the resolution authority to determine local government bodies’will, which is equivalent to the brain of the local government bodies.Local administrative organs are the executive organs to implement the general affairs of local governments, which are equivalent to the hands of local government bodies. Relations of cooperation and constraint of Local councils and local administrations constitute the main line of the system of local self-government. In addition, the introduction of the relationship between central and local can make us a more in-depth grasp of South Korea’s local system.At present, our Constitution has not precisely defined concept about local self-government system. And the object of local self-government is only the discussion of constitutional theory. However, the substantive practice of the local self-government has been for quite some time, mainly in grass-roots mass self-government system, regional ethnic autonomy system, the SAR system and so on. In addition,Generation and functions of the local government as well as the relationship with the central government from "the local People’s Congress and Local People’s Committee Organization Law","the Legislative Act" are provisions of the normative content of the system of local autonomy in China, constituting the current system of local autonomy system with the former. But due to a late start for the local self-government practice, local self-government theory is still in the exploratory stage, far from reaching a broad consensus. Combined with the existing provisions not complete, the local self-government of our country are still having many problems, a long way of the development to go. From the view of constitutional point, this paper attempts to introduce and analyze South Korea’s local autonomy system, in order to benefit to our local self-government theory and practice.
Keywords/Search Tags:local self-government, Local government bodies, Local councils, Local administrative organs
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