2001 Fiscal Year Final Research Report Summary
A Research of the Reform of the Governmental Structure
| Project/Area Number |
12620019
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
KOBAYAKAWA Mitsuo the University of Tokyo, Graduate School of Law and Policy, Professor, 大学院・法学政治学研究科, 教授 (00009820)
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| Co-Investigator(Kenkyū-buntansha) |
OTA Masahiko the University of Tokyo, Graduate School of Law and Policy, Associate professor, 大学院・法学政治学研究科, 助教授 (80251437)
YAMAMOTO Ryuji the University of Tokyo, Graduate School of Law and Policy, Associate professor, 大学院・法学政治学研究科, 助教授 (70210573)
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| Project Period (FY) |
2000 – 2001
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| Keywords | Administrative Organization / Administrative Reform / Cabinet / Cabinet Office / Independent Administrative Institute / Special Govermental Corporation / Policy Coordination / the National Government Organization Law |
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| Research Abstract |
One of the results of this research is the theoretical examination of the laws concerning the reform of central administrative offices, especially the enactment of the Cabinet Office Organization Law and the amendment of the Cabinet Law and the National Government Organization Law. There, the position of these laws in a series of administrative reform was examined, in the light of the Last Resort of the Administrative Reform Council and the Law on the Principles of the Governmental Structure Reform. It is the result that we examined these laws article by article and coordinately. And we examined the Cabinet Law, especially the reinforcement of the Cabinet and the Prime Minister and so-called "assigned responsibility" principle, in taking into consideration both the theory of administrative organization and the constitutional theory which haven't communicated with each other. However, this research is just at the moment that these laws went into effect. So, we should examine theoretically more, with considering their application in the future.
Another result of this research is the theoretical examination of public corporations, including special government corporations and independent administrative institutes, and private corporations performing public missions, all of which are regarded as peripheral governmental organizations. First of all, we examined the possibility and conditions about mission sharing or cooperation, which is a premise of the Administrative Reform. Next, we examined how each category of those corporation were qualified. Finally, we examined the Law on the Common Scheme of Independent Administrative Institutes article by article. In the future, we should examine how each corporation is qualified.
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