| Project/Area Number |
08620019
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Senshu university |
|---|
Principal Investigator |
SHIRAFUJI Hiroyuki Senshu university, law, Professor, 法学部, 教授 (90187542)
|
|---|
| Project Period (FY) |
1996 – 1997
|
| Project Status |
Completed (Fiscal Year 1997)
|
| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1997: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1996: ¥1,300,000 (Direct Cost: ¥1,300,000)
|
|---|
| Keywords | The Recommendation of the Committee for the Promotion of Decentralization / Public-Private-Partnership / Privatization of local government / Administrative Reform Council / Administrative Reform Committee / change of state view / restructure of administrative response / efficiency in the administrative system / 地方分権推進委員会勧告 / 行政改革会議最終報告 / 民間化 / 行政の効率性 / 新しい自治体運営モデル / 契約管理(Kontrakt management) / コントローリング(Controlling) / 機能(主義)国家 / 憲法的社会的効率性 |
|---|
| Research Abstract |
The Recommendation of the Committee for the Promotion of Decentralization counseled that the agency delegated functions must be abolished. But we can't yet put the hard intervention and infringement on the local autonomy out of the way. We see rather the Partnership between state and local authority. On the other hand the Administrative Reform Council reported that we need the restructure of the administrative system in Japan. The Administrative Reform Committee also sets up the Subcommittee on Deregulation to supervise the implementation of deregulation and the Subcommittee for Appropriate Demarkation of the Public and the Prime Sector Activities too. The Subcommittee carries out studies on appropriate administrative intervention. We can find the result of the studies, "The standards for Appropriate Administrative Intervention". They are going to make a lean government or a slim state. In order to make a slim state they have to pursue a high degree of efficiency in the administrative system. The privatization of the public administration may be the best instrument for the administrative reform. Here we have to do everything in our power to solve the problems which are "the change of state view" and "the restructure of administrative response". I find here the main theme "Public-Private-Partnership in the administrative System and Privatization of local government". But the Japanese privatization of local government, or Japanese administrative reform has the anti-legal state character, anti-democratic character, or anti-welfare state character, i.e.anti-Constitution of Japan. Because we have not discussed "the efficiency of administration" as a constitutional problem or law problem. If "Public-Private-Partnership in the administrative System and Privatization of local government" will grow, the Japanese administrative law system should change into the new stage. The era of the reform of administrative law will come soon.
|
