To see the other types of publications on this topic, follow the link: Legislative Research.
Dissertations / Theses on the topic 'Legislative Research'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Legislative Research.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Thomas, M. Lori. "Faith-Based Organizations and Legislative Advocacy: A Qualitative Inquiry." VCU Scholars Compass, 2008. http://scholarscompass.vcu.edu/etd/1329.
Full textAbstract:
Since the early 1990s, religion and matters of faith and spirituality have become a focal point in numerous arenas beyond the individual and traditionally sacred. With President George W. Bush's White House Office of Faith-Based and Community Initiatives of 2001, the Charitable Choice provision of the Personal Responsibility and Work Opportunity Reconciliation Act that preceded it in 1996, and the myriad of legal challenges that followed, matters of religion have become paramount in political discourse regarding social welfare. The viability of faith-based social service provision and the organizations providing the direct services have been the focus of speculation, debate, and a growing amount of research. Few studies, however, have explored the role of faith-based advocacy or lobbying organizations in shifting the social welfare climate, in proposing or opposing policy changes in the social welfare system, or in defining social welfare. Little is empirically known about the organizational dynamics of religious advocacy groups whose attempts at structural influence are, in part, affected by theological positions and religiously-informed values.Considering the dearth of research on such organizations, particularly those that operate on the state level, this study explored faith-based advocacy organizations that seek to influence social policy in the Commonwealth of Virginia. Within an interpretive paradigmatic and theoretical framework that allowed for the exploration of meaning associated with advocacy activities, the inquiry asked the following questions, How do faith-based organizations engage in legislative advocacy in the Commonwealth of Virginia? What meaning do the organizations assign to their advocacy activities? The inquiry's findings, congruent with interpretive research assumptions, are tentative in nature and suggest that while the focal organizations' advocacy activities appear similar to other interest groups, their religious mandates for action distinguish them from their secular counterparts. Interpretations of these mandates significantly influence the organizations' decision-making, their representation of multiple constituencies, and their definitions of success. Unlike previous studies that suggest these organizations distance themselves from insider politics, the religious advocates in the study suggest that fidelity to their mandate means actively participating in the political process while retaining their unique voice as representatives of God and religious traditions.
2
Lenferna, Georges Alexandre. "Creating a new declaration of rights : a critical reconstruction of earth jurisprudence's global legislative framework." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001979.
Full textAbstract:
This thesis aims to critique the Universal Declaration of the Rights of Mother Earth and its underlying moral justification in order to provide a stronger and improved version of both. In Chapter 1 I explore what sort of moral justification is necessary to establish the Universal Declaration on firm grounds and explore its relation to environmental ethics and rights discourse. I argue that a non-anthropocentric perspective is necessary to justify the Universal Declaration’s rights. In Chapter 2 I explore the underlying justification of the Universal Declaration as discovered in the works of Cormac Cullinan and Father Thomas Berry. I argue that their ethical framework is indeterminate, has many ambiguities and uncertainties, and, among other problems, it does not provide a clear action-guiding framework. In Chapter 3 I develop an alternative justification for the Universal Declaration. I argue against many predominant moral theories, that in light of our best scientific and moral understanding we should expand the realm of moral concern to include all living beings, a moral theory I call Life’s Imperative. In Chapter 4 I illustrate that Life’s Imperative is a much stronger, more coherent justification for the Universal Declaration, one that coheres with both our best understanding of the natural world and our relation to it, and to an environmental ethic reflective of that relationship. Unfortunately many of the weaknesses in the current implicit justification of the Universal Declaration have also led to it enshrining rights that are themselves problematic. In order to address these issues, I revise its rights to accord with the stronger justification that I established in Chapter 3. The end result of doing so is a revised version of the Universal Declaration
3
Swanepoel, Magdaleen. "Embryonic stem cell research and cloning a proposed legislative framework in context of legal status and personhood /." Diss., Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-07312007-150150/.
Full text
4
Sandoval, González Marco Antonio. "DELEGACIÓN DE LA FUNCIÓN LEGISLATIVA A LAS COMISIONES LEGISLATIVAS PARA DESCENTRALIZAR EL PROCESO LEGISLATIVO EN LA LEGISLATURA DEL ESTADO DE MÉXICO." Tesis de maestría, Universidad Autónoma del Estado de México, 2019. http://hdl.handle.net/20.500.11799/105185.
Full textAbstract:
La presente investigación tiene el propósito de agilizar el proceso legislativo y evitar la
parálisis legislativa, mediante la implementación de la función legislativa a las
comisiones legislativas, fortaleciéndolas como órgano deliberante a través de la
descentralización del Poder Legislativo.
Para ello, analizamos cuidadosamente algunos de los sistemas legislativos
internacionales que facultan a las comisiones legislativas con la función deliberativa
para conocer su operatividad en los procedimientos legislativos, conocer su eficiencia,
efectividad y contribución a la dinámica del proceso legislativo, mediante un estudio de
derecho comparado que nos permite evaluar la posibilidad de la descentralización de
la función deliberativa como parte de la construcción de una norma jurídica; aplicando
el enfoque de la Teoría General de Sistemas, para abordarlo como una totalidad,
representada por la Cámara de Diputados y de ésta forma analizar sus particularidades
de manera oportuna y ordenada.
5
Hughes, Melanie M. "Politics at the Intersection: A Cross-National Analysis of Minority Women's Legislative Representation." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1217434642.
Full text
6
Marais, Christel. "Lived realities of domestic workers within the South African labour legislative context : a qualitative study / Christel Marais." Thesis, North West University, 2014. http://hdl.handle.net/10394/13232.
Full textAbstract:
Globally the domestic worker sector is characterised by a sense of “voicelessness”—an esoteric silence fuelled by a dire need to survive. South Africa is heralded as a global ambassador for the rights of these women. Significant sectoral reforms in recent years regulate the transactional element of this employment relationship through stipulated minimum wages and employment standards. The relational element of this engagement, however, remains underexplored. A decade of global scholarship detailing the hardships that characterise this sector has helped to uncover the plight of domestic workers. The study provided the participants with an opportunity to express their experiences and feelings, and the documented findings will hopefully stimulate more scholarly debate on this issue. It is hoped that the study will engender more sensitivity towards the needs of this vulnerable group of workers and promote positive employment relations within the South African labour market. The study describes the lived realities of domestic workers within the South African labour legislative context through five separate but interrelated journal articles. Article 1 provides a detailed “plan of action” that documents the initial considerations and rationale for the study. Guided by existing scholarly discourse, the research questions are highlighted and the proposed research design is presented. Issues related to trustworthiness are debated. This article constitutes the research proposal that was submitted during the initial phase of this research journey. Article 2 presents a transparent account of the methodological considerations that guided the co-construction of meaning within the South African domestic worker sector. Situated within the interpretivist paradigm, with phenomenology as theoretical underpinning, purposive respondent-driven self-sampling resulted in the recruitment of 20 female participants. All of them can be described as domestic workers in terms of Sectoral Determination 7. The pilot study indicated the value of using metaphors while exploring tentative topics. An interview guide facilitated the exploration of key concepts during our engagement. Rich, dense descriptive verbatim accounts of participants’ lived realities confirmed data saturation. In-depth interviews were transcribed and analysed through an inductive process of data reduction. Emanating themes confirmed that the South African domestic workers sector is far from being voiceless if we are only willing to listen. Making these voices heard constitutes a progressive step in future efforts to empower this neglected sector of the labour market. In article 3 a life-cycle approach is used to explore participants’ lived experiences of their work-life cycle. Each individual progresses through these various phases which are contextualised as a transitional process as a result of their unique circumstances and personal trajectory. Findings confirmed the existence of an institutionalised culture of engagement within the sector perpetuated from one generation to the next. Attempts to exit the sector are unsuccessful due in part to their limited formal education and skills repertoire. The article concludes with the notion that domestic workers are trapped within a never-ending cycle of sectoral engagement, and the possibility of exiting the sector remains “but a dream” for many. Article 4 focusses on the reciprocal interpersonal relatedness that often develops due to the prolonged engagement within the individualised sectoral employment context. Characterised by caring and connectedness, this mutually dignified treatment not only signals but also enhances human flourishing. Participants’ accounts of relational reciprocity are indicative of the enactment of cardinal Ubuntu principles within the employment context. The need for actions that surpass the “letter of the law” in order to enhance flourishing within the South African domestic worker sector is advocated. Article 5 explores the role that legislative awareness fulfils in the everyday lives of domestic workers. Findings indicated that empowerment was an unknown construct for all participants. The participants had little or no confidence in engaging their employers on employment issues; this was due in part to their limited legislative awareness. Domestic workers should thus take ownership of their own empowerment efforts. This will sanction
their right to assert their expectations of employment standards with confidence and make use of the judicial system to bring about compliant action. The article concluded with the notion that legislative awareness can result in empowered actions though informed employee voices.PhD (Labour Relations Management), North-West University, Vaal Triangle Campus, 2014
7
Heuwieser, Raphael J. "Electoral rules and legislative behaviour : cross-national micro-level evidence from the Bundestag and the UK House of Commons, 2005-2015." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:c11962d9-3f1d-4f87-9c2a-b970ff5043bf.
Full textAbstract:
This thesis presents a new approach to the long-standing question of how electoral rules influence the behaviour of legislators. It begins with the argument that fresh empirical advances can be made by moving beyond the pervasive but rigid assumption that all legislators want to be re-elected and, by extension, that every incumbent values this goal to the same degree. Rather, I propose that individual Members of Parliament (MPs) vary in the extent to which they personally desire or depend upon re-election. Following the principles of a difference-in-differences design, this observation allows me to devise a theoretical framework capable of testing whether MPs' vote-seeking behaviour differs within parliaments in a way that varies predictably across countries. Specifically, I propose that in electoral systems where party-centric behaviour increases re-election chances, MPs particularly invested in the goal of re-election should cater to the party to an even greater extent than their colleagues. Conversely, in systems where a personal vote can generate electoral gains, MPs most ambitious for re-election should engage in this type of vote-winning strategy to the greatest extent. I test this prediction across the UK House of Commons and the German Bundestag, and within Germany's mixed-member system. Newly-collected biographical data on over 1700 MPs is used to conduct the first systematic MP-level operationalisation of re-election ambition based on legislators' career backgrounds. Career politicians are thereby identified as those most ambitious for re-election. Using voting behaviour from 1.8 million vote choices in legislative roll-calls as a proxy for the degree to which an MP caters to the party or to his or her personal reputation, the quantitative multilevel analysis reveals strong evidence for the proposed behavioural pattern. The contribution made by this study is two-fold. First, it uncovers the interaction between electoral rules and individual re-election ambition as a new explanation for MP-level variation in legislative behaviour. Second, its research design overcomes shortcomings in previous empirical tests for the existing theory on how electoral rules impact MP behaviour (e.g. Carey and Shugart 1995), producing more robust evidence in support of this influential framework.
8
Bogert, Pieter Cornelis. "Voor rechtvaardiging en schulduitsluiting de bijzondere strafuitsluiting in strafrechtsdogmatisch en wetgevingstechnisch perspectief = Preceding justification and excuse : an research on specific legislative grounds for justification and excuse in criminal and administrative law /." [Deventer] : [Rotterdam] : Rotterdam : Kluwer ; Sanders Instituut ; Erasmus University Rotterdam [Host], 2005. http://hdl.handle.net/1765/7047.
Full text
9
Daniel, Benjamin L. "No Child Left Behind and its communication effectiveness in diverse communities /." Full text available online, 2005. http://www.lib.rowan.edu/home/research/articles/rowan_theses.
Full text
10
Gamboa, Sanchez Gabriela. "El mandato libre en el ejercicio legislativo mexicano." Tesis de maestría, Universidad Autónoma del Estado de México, 2012. http://hdl.handle.net/20.500.11799/104433.
Full textAbstract:
PRIMERA. En México el poder legislativo tanto federal, así como los diversos parlamentos estatales, estuvieron durante largo tiempo con poca relevancia, derivado de la existencia de un presidencialismo exacerbado.
SEGUNDA. La transición hacia la democracia en el país permitió que los órganos legislativos se fueran pluralizando y con la presencia de gobiernos divididos y yuxtapuestos debieron crearse nuevos esquemas de colaboración.
TERCERA. Diversos mecanismos intrapartidarios, así como usos y costumbres dentro de los parlamentosLa presente investigación tiene por objetivo general examinar la actuación de los diputados en su función legislativa, para valorar la utilidad del libre ejercicio del voto y con ello, determinar la idoneidad de que sea la voluntad del ciudadano la que prevalezca en las legislaturas, para establecer si es necesario la modificación de la normatividad para lograr este propósito. El documento se divide en tres capítulos, en el primero se disgrega los principales elementos conceptuales, en el segundo se realiza un análisis de la situación específica de la Cámara de Diputados del Estado de México, en especial la LVII, LVIII y LIX Legislatura, resaltando su actuar en la representación de la voluntad popular al momento de ejercer su función legislativa. En el capítulo tres se hace una valoración de los elementos analizados para reconocer la conveniencia o no de que la voluntad popular guíe el actuar de los diputados. Finalmente, el documento destaca la importancia del diseño del sistema político democrático mexicano y mexiquense para generar y ejercer la voluntad ciudadana en las legislaturas, reconociendo la importancia de que el ciudadano sea escuchado, atendido y sus principales necesidades resueltas en coparticipación con sus representantes, reconociendo los límites naturales y materiales de la voluntad ciudadana.
11
SAENZ, HINOJOSA ANA KAREN. "Estudio Jurídico Comparativo de los Daños Transgeneracionales Desde la Perspectiva Legislativa en México." Tesis de maestría, UNIVERSIDAD AUTÓNOMA DEL ESTADO DE MÉXICO, 2019. http://hdl.handle.net/20.500.11799/99043.
Full textAbstract:
Es de vital importancia retomar la trascendencia del actuar humano sobre el
medio ambiente, ya que de perderse el interés por los temas ambientales no
solo estaríamos en presencia de una deshumanización, sino que se correo el
riego inminente de causar daños irreversibles e irreparables al medio
ambiente lo que ocasionaría daños a la calidad de vida humana y por
consiguiente, tendríamos como resultado del daño ambiental la perdida de la
posibilidad de desarrollarnos plenamente como individuos y como humanidad,
vulnerando uno de los derechos humanos fundamentales como es el derecho
a un medio ambiente sano.El presente trabajo escrito realiza un estudio acerca de la problemática ambiental que se presenta no solo en México sino a nivel mundial se manifiestan en problemas como perdida de la biodiversidad, escases y mal uso del agua, cambio climático, perdida de la capa de ozono, pérdida y degradación de suelos agrícolas y forestales, por mencionar algunos. Retomando como fundamento la idea de que el daño ambiental es, por sus características propias, una daño transgeneracional lo cual implica un mayor compromiso por parte de los Estados para preservar el equilibrio ecológico, evitando así el deterioro al medio ambiente.
12
Mbada, Ndavheleseni Albert. "A success case method evaluation of the effectiveness of the implementation of the HIV and AIDS management at schools in the Tshwane South district / Ndavheleseni Albert Mbada." Thesis, North-West University, 2013. http://hdl.handle.net/10394/10171.
Full textAbstract:
The intention of this study was to evaluate the effectiveness of the implementation of the HIV and AIDS management at schools in the Tshwane South District. The rationale was based on the gap in research regarding evaluation of the implementation of intervention programmes at schools, especially the management and leadership intervention strategies. The Foundation for Professional Development (FPD), a South African Medical Association self-funding education provider in the health sector, had conducted a training intervention with the members of the School Management Teams (SMT) of the Tshwane South District schools. The application of the skills, knowledge and attitudes gained through this training was the main focus for evaluation. For that reason, the Success Case Method (SCM), an innovative programme evaluation design, was used. The first phase of the SCM involved using a short questionnaire to identify appropriate participants for the second phase, which involved in-depth telephone interviews as directed by the SCM. The second phase also involved probing, understanding and documenting the successes, thus allowing an evaluation of the findings. The findings of the study indicate that some SMTs are actually implementing the skills, knowledge and attitudes gained in the FPD training with success, albeit with differing levels of effectiveness. It was also found that there are unsuccessful SMTs that are not implementing or are unable to implement their learning from the FPD training. There were various reasons for both the successes and non-successes. These included matters pertaining to conflicting directions, policy guidelines, commitment, empathy and attitude of the SMTs in understanding circumstances related to people living with and affected by HIV and AIDS, teamwork, reporting systems, the duration of the training workshop and pace of learning of SMTs members, marketing collaterals, workforce availability and availability or lack of time for implementing the HIV and AIDS programme. The recommendations include the provision of follow-up and material support to schools, including the formation of HIV and AIDS management forums and networks. Recommendations are also made to the FPD for enhancing and sustaining the training and implementation. Further recommendations are proffered to the Department of Education regarding activities for directed and needs-based support for schools. The study contributes to the practice of HIV and AIDS management in that it produced an evaluation report on the implementation of HIV and AIDS management at schools. This should be useful to practitioners at school, community and departmental levels regarding the status of HIV and AIDS management at schools. The study also contributes to the theory of intervention programmes using the Success Case Method in education, which is a novel, user-friendly and easy-to-use method of evaluation.PhD (Education Management), North-West University, Vaal Triangle Campus, 2013
13
TOPETE, GARCIA IVETTE 549674, and GARCIA IVETTE TOPETE. "Técnica y proceso legislativo en el Estado de México." Tesis de doctorado, Universidad Autónoma del Estado de México, 2019. http://hdl.handle.net/20.500.11799/105346.
Full textAbstract:
Esta investigación explora las condiciones que presenta la técnica legislativa en el marco del proceso legislativo que se lleva a cabo en el Estado de México, es decir, examina si entre los ordenamientos que rigen la producción de normas jurídicas en la entidad se prevén reglas y pautas suficientes para procurar su correcta elaboración a partir de los elementos técnicos que deben acompañarlas, como lenguaje, lógica, coherencia y armonía con el sistema jurídico. El análisis de dicho fenómeno, no obstante, se realiza de forma deductiva y a través del enfoque comparado. De esta manera, una vez expuesto en el primer capítulo el marco histórico y el marco conceptual que traza los márgenes del objeto de estudio, el segundo capítulo da pie a una investigación que indaga las peculiaridades de la técnica legislativa en diversos países de Europa y de América Latina, donde se rescatan apuntes importantes respecto a los antecedentes de este fenómeno y de sus implicaciones vigentes. Siguiendo este mismo criterio, el tercer capítulo explora el caso del Estado de México de la mano de un análisis comparado que contrasta las particularidades que manifiestan otras entidades de la República en sus consideraciones respecto a la injerencia de la técnica legislativa al momento de elaborar nuevas leyes. Las experiencias obtenidas a raíz de este enfoque comparado permiten advertir sendas oportunidades de mejora para el uso de técnica legislativa en el proceso legislativo mexiquense, y en sentido, el cuarto capítulo plantea ocho propuestas para promover su instrumentación en el seno de la Legislatura y entre los actores facultados para elaborar normas jurídicas. De esta manera, se exponen tres sugerencias aplicables en la etapa pre legislativa (encaminadas a robustecer la investigación y la justificación del proyecto), tres en la etapa legislativa (tendentes a vigilar y acompañar la fase de redacción) y dos en la etapa post legislativa (encauzadas a incentivar la evaluación de las leyes). Así, al incentivar la sistematización en las labores de producción legislativa, se pretende reivindicar los principios de técnica legislativa y contribuir en la búsqueda por el perfeccionamiento de las normas jurídicas que rigen a la ciudadanía.
14
Noury, Abdul Ghafar. "Essays on Economics of political Behavior." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211488.
Full text
15
Walker, David Michael. "A study of educational research dissemination at the California State Legislature." Scholarly Commons, 1993. https://scholarlycommons.pacific.edu/uop_etds/2844.
Full textAbstract:
The purpose of this study was to identify and determine attributes of vehicles which will bridge the communication gap between researchers and policymakers at the California State Legislature. The key policy actors, defined as those individuals who have the most effect on creation and content of educational policy in the area of education at the California State Legislature, were seen as operating in an atmosphere ideological in nature due to the absence of research data within the policy debate structure, and the effects of political pragmatics. The entire population of the Legislature, including the education committees consultants, were surveyed in order to obtain quantitative data. Qualitative data was generated by the use of selected interviews by the researcher as well as an open-ended survey question. A synthesis of the two methods of data collected generated the findings and recommendations. The findings of the study were that educational research should be presented in a very concise format with clearly marked headings and focused arguments as the rationale underlying the format. The information should be disseminated early and often to both houses' offices of research and educational committee consultants. Delivery of information just prior to votes on the legislation would be most effective. Financial reform in the area of school funding as well as restructuring were seen as the two most important issues research should be focused on currently. Recommendations for future study would be collection of data from the Assembly and Senate offices of research in order to determine the format and delivery of educational research most useful to these entities. Based upon the results, the research community should be surveyed to ascertain the best means for researchers and other educational professionals to link up with end users of research at the policy level. The same effort to determine most useful format and delivery should be conducted for the press since we saw in the results of currently used information that newspapers were ranked quite highly by the Legislature.
16
Maynard, Jason Edward. "The Effects of Anti-Price Gouging Legislation on Supply Chain Dynamics." DigitalCommons@CalPoly, 2011. https://digitalcommons.calpoly.edu/theses/450.
Full textAbstract:
The purpose of this thesis is to model the effects of anti-price gouging (APG) legislation on the costs to businesses during the recovery period of a disaster. A system dynamics model of a business’s replenishment procedures is used to simulate the effects of APG legislation on business performance. Economists have published expansive research on the effects of price ceilings on supply and demand, but there is little research evidence on the operational consequences of price ceiling legislation on business costs. APG legislation increases consumer’s forward buying and shortage gaming after a disaster by removing price incentives to be frugal. Forward buying and shortage gaming are two key drivers of the demand variation and the bullwhip effect, which leads to increased inventory costs, misguided capacity expansion and reduced service levels. These costs have a negative impact on local businesses that are critical to a community’s economic health and recovery from a disaster. The simulation results from this thesis show that APG legislation is not an effective regulatory response to decrease the impact of disasters on affected communities.
17
Martínez, Hernández Norma Patricia. "Acciones legislativas implementadas en México en materia de derechos políticos de las personas con discapacidad (2000-2011)." Tesis de Licenciatura, Universidad Autónoma del Estado de México, 2012. http://hdl.handle.net/20.500.11799/99410.
Full textAbstract:
En el siglo XVIII surgieron los pactos fundamentales, instaurados en las
nociones filosóficas del derecho natural y del contrato social, que sentaron
los principios de organización de la sociedad política y del Estado: la igualdad
de los individuos, la primacía de la ley y la soberanía democrática. Con ello
surgieron los Estados liberales, para los cuales, la igualdad frente a la ley y la
igualdad de derechos son los principios fundamentales, inscritos en la norma
constitucional.
En pleno siglo XXI, tales principios no han trascendido uniformemente
entre la sociedad. Algunos derechos aún no se garantizan para todos los
individuos, como los derechos políticos, los cuales están vinculados a la
formación del Estado democrático – representativo. Los derechos políticos se
definen como el conjunto de condiciones que posibilitan al ciudadano
participar en la vida política, y representan los instrumentos que posee para
participar, configurar y decidir en la vida política del Estado (Bolilla III, 2009).
18
Šnajnarová, Jana. "Vykazování nehmotných aktiv podle IFRS, US GAAP a české účetní legislativy." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2018. http://www.nusl.cz/ntk/nusl-383572.
Full textAbstract:
The diploma thesis focuses in the theoretical part on a determination and comparasion presentation of intangible assets acording to two world accounting systems – International Accounting Financial Standards and US Generally Acepted Accounting Principles and Czech Accounting Legislation. Specifies the basic theoretical elements of intangible assets. The analytical part of thesis focuses in the impacts and their effect on the entity.
19
Galán, Viana Oscar. "Propuesta de reforma constitucional para mejorar la relación entre el poder legislativo y ejecutivo en México: la necesidad de un nuevo diseño institucional." Tesis de Licenciatura, Universidad Autónoma del Estado de México, 2010. http://hdl.handle.net/20.500.11799/99367.
Full textAbstract:
El presidencialismo mexicano del siglo XX requirió de tres condiciones básicas
para su instauración y consolidación. La primera de estas condiciones fue la
existencia de un gobierno unificado, lo cual implicaba que un sólo partido
político controlara al mismo tiempo la presidencia de la República y la mayoría
en el Congreso. La segunda condición indispensable fue la disciplina partidaria,
ello significaba que los grupos parlamentarios del presidente en la Cámara de
Diputados y el Senado votaran de manera cohesiva y coherente, en apoyo de
las iniciativas presidenciales, la tercera condición fue la del liderazgo
presidencial sobre su partido. Para que estas condiciones se cumplieran, el
presidente debía tener la capacidad de trasmitir disciplina en las fracciones
parlamentarias del Congreso.
20
Wu, Si Chen. "Research on legal issues of VIE model." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525479.
Full text
21
Black, Janine Noelle. "RAMIFICATIONS OF SARBANES-OXLEY CORPORATE GOVERNANCE LEGISLATION ON INITIAL PUBLIC OFFERINGS OF RESEARCH-INTENSIVE FIRMS." Diss., Temple University Libraries, 2013. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/216518.
Full textAbstract:
Business Administration/Strategic ManagementPh.D.
The Sarbanes-Oxley (SOX) Act of July 2002 was created to address the financial malfeasance revealed during the investigations of several large firms by the Securities and Exchange Commission (SEC). The Act required public companies traded on U.S. exchanges to provide increased transparency in financial statements. Key portions of the legislation required firms to create internal financial controls and placed personal accountability with top executives. SOX mandated and standardized a greater degree of self-regulation. In the years following SOX, firms experienced significantly higher compliance costs, but they also benefited from the reduction of statement errors and fraud, increased accuracy in reporting, and greater investor confidence. After the Sarbanes-Oxley (SOX) Act of 2002, anecdotal evidence suggested that SOX impeded small, research intensive firms. We looked at research intensive firms going public before and after SOX to determine if there was a change in volume and quality of research intensive firms post-SOX. We found that firms that went public after SOX were fewer and had lower patenting activity. In the case of small and medium size firms, the cost of SOX compliance is likely to divert funds from research investments. We speculate that highly research intensive firms are more likely post-SOX to divert their IPO to non-U.S. exchanges, delay going public, or dismiss the idea of going public, as proposed in a “3Ds” model. The 2002 SOX US Congressional Act levied millions of dollars in new compliance costs on each foreign or domestic firm that went public on U.S. exchanges. Funding for regulatory expenditures must come from somewhere. We proposed that one likely candidate was research budgets, as research efforts have a more distant, less immediately visible, long term effect on firm performance. We suggested that large firms more easily absorbed the additional costs of SOX with a reduced effect on research and development budgets, while small firms were less able to maintain research budgets after SOX. In the aftermath of SOX, research spending did go down, most visibly in Biotech and Electronics. As the total number of IPO firms decreased dramatically after SOX, these two research intensive industries, plus Computer Software, were the only industries with a large enough sample size to evaluate. We saw that research intensive firms diminished dramatically, along with many non-research intensive firms, from IPO events after SOX. Where we had sufficient sample size, in computer software, biotechnology, electronics, and “other”, we noted that research-intensive firms generally resisted the temptation to raid research budgets, finding funding for compliance elsewhere within the company or from the additional cash flow at time of IPO. Where firms did appear to greatly reduce research budgets was in the non-research intensive industries, where research budgets might be more of a discretionary expense. Firm size was not a factor in whether research intensive firms could better absorb the costs of SOX, although smaller firms tended to spend proportionally more on research in an effort to grow faster. After the enactment of SOX, we observed an indication that the markets valued research intensity even more than prior to SOX, perhaps understanding the vulnerability of research budgets being diverted to compliance costs. Overall, the data suggested that the effect of SOX was underestimated in this study, as the firms that were deterred from going public on U.S. exchanges were not in the sample evaluated. We only analyzed those firms prepared to accept the higher costs of SOX. The data set consisted of survivors, selected firms still willing to pay for SOX compliance as well as for research programs.
Temple University--Theses
22
DeWeese, Pamela. "The ELSI Research Program and Genetic Nondiscrimination Legislation: A Study in Science and Public Poilicy." Thesis, Virginia Tech, 2002. http://hdl.handle.net/10919/42773.
Full textAbstract:
The Human Genome Project, a multi-national initiative to map and sequence the entire human genome, is expected to reach completion in the year 2003. One of the more immediate and direct results of this remarkable scientific effort is an increase in both the number and range of genetic tests available. Although there is enormous value in the knowledge gained from information that predicts present or future disease, there are also some risks. This thesis, based on the content analysis of genetic nondiscrimination legislation and evidence obtained from individuals involved in the policy formation process, reveals how the Ethical, Legal, and Social Implications (ELSI) Program of the U.S. Human Genome Project is dealing with the possibility that insurers and employers will misuse genetic information. The findings from both the content analysis and the lived experience survey demonstrate that the ELSI program has made a substantial impact on forming this legislation.Master of Science
23
Kolarova, Karolina. "RELATION BETWEEN THE PATENT LAW SYSTEM AND THE REGULATORY LEGISLATION WITH REGARD TO STEM CELL RESEARCH." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353424.
Full textAbstract:
The focus of this thesis is the analysis of the relation of the patent law legislation and the regulatory law covering all types of stem cells. In the first part all types of stem cells are identified and a variety of issues connected to several types of stem cell is addressed in subsequent parts. Nevertheless, due to the controversy of the ES cells and in particular the human ones, the major part of the thesis discuses and analyses a regulation and case law relating to human ES stem cells. In order to analyse the relationship, the thesis focuses on the prerequisites in the morality clause of the patent law and identifies basic types of regulatory systems. Other conditions of the patentability are therefore not discussed by the thesis and the third part covering patent law focuses exclusively on the role of morality clause and the question of a scope of subject matter to be evaluated in respect to inventions relating to stem cells. In order to cover and analyse the relationship, the author finds crucial to analyse the morality clause in Article 53 (a) EPC, Rule 28 EPC and Article 6 Biotech Directive to get a more comprehensive understanding of the topic and therefore the harmonized legislation of patent law morality exclusions in Europe is the key part of the thesis. Conversely, as the regulatory legislation is harmonized at neither international level nor European one, a brief overview of national regulatory systems is presented in the part 4 of the thesis. However, due to wide range of approaches differing significantly among the countries only common characteristics of basic approaches are presented without the necessity to cover national legislations in details. An exception is made in respect to the regulatory legislation of the Czech Republic which is presented as a model example of one the approaches in order to provide a practical example of the relation of the patent law and the regulatory law.
24
Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.
Full textAbstract:
In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
25
Tien-hsiang, Hung, and 洪添祥. "Research on Local Legislative Powers." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/43840373309755823493.
Full textAbstract:
碩士銘傳大學
公共管理與社區發展研究所碩士在職專班
90
Abstract For years the “local Self-Government” of Taiwan have always been on the drawing boards and the horizon, not having been substantially implemented. Not until July 1994, when the “Provincial and County Self-Government Law” and “Municipal Self-Government Law” were publicized and implemented, did the local Self-Government in Taiwan formally shift into a “legalized” realm. Despite deficiencies in both laws, it is unfair to say that it has been a mere legalization of the autonomous framework, for such laws have been instrumental in clearly specifying the status, rights and obligations of the local autonomous groups. Following the streamlining of the provincial government, the policy of local Self-Government again has undergone drastic changes. To address such trend, on Jan. 25, 1999, the “Local Self-Government Law” was publicized, sanctioning the local councils to wield substantial right within their jurisdiction in the future, changing all the autonomous codes and articles to “Autonomous Articles,” with the local administrative agencies allowed to establish “Autonomous Codes,” and designate as “Commission Codes” those assigned tasks by basing such on central laws, sanctions, or jurisdictions. In as such, the room for autonomy in local legislative right has generally been expanded, whether for local autonomous groups, autonomous issues, and limited legislative right for commissioned tasks. The legislative powers of autonomous groups has been upgraded from an oppressed administrative instruction to one with local legal status. Local legislative powers is the nexus of local self-government. Autonomous laws is the key legal basis for autonomous groups to promote autonomous issues. The local autonomous laws is related to the new design of specifications and functions of autonomous laws, not to be likened to the limited legal efficacy of local laws of the past. Upon closer examination, though more complete and advanced than before, the autonomous laws are still operated via a mode highly-biased towards centralized-power. Hence this paper mainly examines the limits of vertically-distributed legislative rights and that of horizontally-distributed legislative rights. Also this paper compares the local legislative rights in Taiwan against that in countries with advanced local autonomy, such as the USA, Germany, England and Japan, and to use as comparative reference the current deficiencies in the system in Taiwan. Finally this paper proposes the following: 1. Quickly establish relevant bylaws for local self-government laws so as to achieve comprehensive rule-by-law. 2. Refer to the American system and explicitly define central and local jurisdictions, and delegate the remaining rights to local parties. 3. The initial legislative disputes between central and local governments may be resolved via task forces or meeting at the Executive Yuan. 4. Legislative disputes between central and local governments may also be resolved via an “Autonomy Dispute Mediation Committee.” 5. Refer to the American and German systems where “intra-governmental disputes” are handled by “bureaucratic suit,” and set up an “autonomous court” inside administrative courts. 6. Local autonomous groups should acquire rights from the bottom up. 7. Via legislative revisions, distinguish self-governing matters in local policy laws into optional and obligatory categories. 8. Revise laws so that local autonomous groups may file administrative suits against violations of centrally-sanctioned instructions. 9. Local autonomous groups should, with explicit authorization, establish limited administrative-criminal laws. 10. Enhance the caliber of local law-enforcement personnel. 11. Establish laws to advance localized rights so as to promote localized legal policies.
26
CHIH-HUNG, HUNG, and 洪誌宏. "The Research of Local Legislative Power." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/22345344429031001920.
Full text
27
Yang, Shih-Shuan, and 楊士炫. "The Legislative Process Research of Electricity amendatory Acts." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/49605838331505063690.
Full text
28
MIAO-JUNG, CHENG, and 鄭妙蓉. "A Research on Local Home-Rule Legislative Powers." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/55896918272518865510.
Full text
29
Chien, Chen Ming, and 陳明謙. "Legislative Composition--to research unicameral and bicameral system." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/21347563113308875871.
Full text
30
Kuo, Cheng-wei, and 郭政瑋. "A Research on Taipei City Government's Legislative-Executive Liaison Mechanism:From Perspective of Legislative-Executive Information Transactions." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/91398895534644424404.
Full textAbstract:
碩士世新大學
行政管理學研究所(含博、碩專班)
91
The party turn-over in Taipei City Government (TCG) has two times in 1994 and 1998. However, there have been great political disturbances in the executive-legislative relations since then. To reduce this conflict, there is the legislative liaison mechanism in TCG. In this study, author tries to use new institutionalism and boundary-spanning management to explore the function and structure of the legislative liaison mechanism. Author in this study utilizes a in-depth interviewing method to uncover the legislative liaison activities in the TCG. There are three major findings in this research. First, there are four major activities for liaison officers. They are (1) offering written materials about any aspect of TCG’s governing activities, (2) helping legislators to resolve their constituent “caseworks,” (3) handling scheduling and lobbying on department’s budgets and acts, and (4) detecting in advance and responding to the contents of legislators’ interpellation. Second, what liaison officers mainly do is to balance the control costs of the executive branch and the bargaining costs of the legislative branch to “lubricate” the executive-legislative relations. Lastly, one of the purposes of dividing executive and legislative function is to offer general public a cheaper source of information on public affairs. As a result, the transparency of the mechanism is the key to prevent the mechanism from “running too well” to become an “executive-legislative black-box.
31
Ching-yun, Chen, and 陳清雲. "The Research of Legalization in Legislative Yuan’s Investigation Power." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/20643449951044787271.
Full textAbstract:
博士國立中正大學
法律學研究所
102
Abstract In many democracy countries, the national legislature investigates power has been developed further, carrying out this power can effectly surpervise administrative organizations. This is an indispensable right to assist under The separation of power which originated from United Kingdom and followed up by other countries. National legislature investigates power must be restricted appropriately, such as executive privilege invoked with the independence of the judiciary, and so on. In the advanced democratic countries of the world, United States is an example of the congressional investigative power system model, Such as the famous Watergate Event previous cases of major historical events, Among established the hearing system and credibility of the investigative powers of congress and then developed the effect of checking and balance. United Kingdom is the origin of the national legislature investigative power and expands other rules and regulations too, for example the sworn witness and so on, especially the administrative supervision is of a unique style. Although France parliament has complete rules and regulations in investigating power, it only had little effect on the implementation, and rarely set up committees which is operated as a tool by the government. Germany parliamentary investigates power is under the constitution with fully archives and records information. Japan national diet investigates power is under the constitution too, its confidentiality obligations in the civil service and the separation of powers which does not intrusive judicial power, could witness sworn as a reference. The national legislative investigative powers have the capability of supervising the administrative section, exposing abuses in government to achieve the right of knowledge for there people and help legislataves obtain enough datas which assist in making laws. Compared with other developed countries, our parliament never has a perfect set of operation range and the standards of law are short of. With revisions of Law and Justice the interpretation made under national legislature investigates power gradually construct an embryonic form. As mentioned J.Y. Interpretation No.461 and No.498 pointed to enrich the content of ‘is queried obligation’. The Truth Investigation Committee and Interpretation No.585 also pointed significance of ‘national legislature investigates power.’ Government information law reveals the limit of executive privilege, and the future direction. Our national legislature investigates power should amend to study from other democracy countries. According to this research of national legislature investigates power from its operation and also analysis other country’s develop process to provide better suggestion to our national legislation. For example the rules and regulations of an organization, cover range and the survey protection and specification improperly denied the right to information of the testimony provided mandatory, parliament coercive power penalty, needs to provide proper stage of ‘records request, question, hearing, report’ and other relevant rules. Finally, this research discussion hopes to improve the relevant regulations to legalization it to that Legislative Yuan legislature investigates power in order to complete further legislative process.
32
Chen, Hui-Ju, and 陳薈如. "The Research and Legislative Establishment of shareholder's direct action." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/38641723218209928721.
Full textAbstract:
碩士國立中正大學
財法所
94
In U.S. practice, the most important result of characterizing an action as direct or derivative is the tendency for derivative action to be more complex procedurally and to impose additional restrictions on the eligibility of the plaintiffs who may maintain them. Because of the procedural hoops associated with the derivative action, the shareholder-plaintiff always wishes to bring a direct action against the official, directors, or other shareholders, while the defendant prefers to characterize it as derivative. Many significant consequences flow from a court’s determination of whether a shareholder-plaintiff has asserted an derivative action on behalf of the corporation or derivative action. In a derivative action, the claim belongs to the corporation, but the litigation is conducted by a stockholder as a corporation’s representative. Because a derivative claim belongs to the corporation, it is treated as a corporation asset. In contrast, A direct (or individual) claim is a clause of action brought by a plaintiff seeking individual damage or the enforcement of individual right. In the U.S. case law contest, under the “injury test”, or special injury doctrine, a shareholder may bring a suit on his own right against corporate, individual direct or stockholder, to redress an injury sustain by him and which is separate and by corporate or other stockholder. The rule is "if the injury is not to the corporation, an individual clause or actions exist.” Besides, where laws have traditionally required shareholders in a corporation to the derivative action on behalf of the corporation, shareholders in a close corporation to bring a derivative action on behalf of the corporation, the close corporation exception to the derivative lawsuit requirement ("close corporation exception " or "derivative action exception") allows individual shareholders to bring direct claims against the official, directors, or shareholders of the closely held corporation for injuries which are ordinarily or primarily derivative in nature. However, In the R.O.C corporate law contest, there only exists shareholder’s derivative action, so in order to protect minority shareholders, we suggest to impose direct action in it.
33
Tung, Chan-chang, and 董展昌. "Research of Setting and Legislative Process of the Touyan Aerotropolis." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/43252485017871664582.
Full textAbstract:
碩士南華大學
公共行政與政策研究所
98
In order to encounter the competition of globalization and the transformation of Taiwanese industries, Taiwan Taoyuan International Airport, as the greatest international airport in Taiwan, is necessary to be altered into an aerotropolis comprising various functions and the passengers and freight transportation of the world by catering to Taiwan’s superior and distinctive location. The idea of establishing the aerotropolis had been drawn up in the plan of Asia-Pacific Regional Operations Center in 1993; however, it was postponed several times due to the series of economic and political transformation, such as the democratization in Taiwan and the shift among different political parties. This plan of establishing the aerotropolis was re-started till that Ma Ying-jeou was announced as the president of Taiwan in 2008 after more than ten years suspension, which Ma’s political views was included the construction of Taoyuan aerotropolis. Nevertheless, the investigation of aerotropolis bill was not as smoothly as expected in the legislating process. This bill aroused the inquiry from legislators, the opposition by the public opinion and the protest from civil society; this showed not only the dissatisfied as the big interest after the legislation but also the incomplete consideration for citizens at the first design of bill. These two bills related Taoyuan aerotropolis eventually accomplished through the modifying and compromising by the government. The previous part of this essay will analyze the development of Taoyuan aerotropolis through interpreting the historical events surrounded by political and economic situations from 1993 to now. The following will depict the process of how to gain supports to approve the bill by the several modified ways in order to solve encountered conflicts among legislating. Eventually, this article will concluded by the suggestion for the further improvement of Taoyuan aerotropolis.
34
Lu, Chun-Yueh, and 陸峻岳. "Interference with Computer or Related Equipment Crime-Legislative Question Research." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/86778588116360613764.
Full textAbstract:
碩士中原大學
財經法律研究所
99
The legal articles design of our country’s criminal law system is categorized on the basis of types and scopes of the intended protection of "legal interests". The design of the article’s legal elements is not specifically restricted to the "approach" of its implementation, or to the "infringement state" of the infringed object. According to the "role" played by "actor" within a crime, and the "direct" or "indirect" influence as well as the "importance" of act contributing to the infringement, there will be different degrees of punishments applied to the so called "principles" and "accessories" , the "preparatory acts" and the "commitment". On the other hand, according to the “competing rules of the laws”, when it comes to more than one criminal article applying to a single case, people should choose between the multiple laws only according to the “number” of the “act” and the “infringement result”, but not the "approaches" employed by the defendant. The design of Criminal Code Article 360 in protection of legal interests adopts the principles of "comprehensiveness" and "for both individuality and society", and the design of composing elements requires the crime be committed with "non-physical" approach, and excludes application of the physical damage. Such legislative design will somewhat affect appropriate application of legal provisions, design of punishment degree and the competing rule of laws. For example, on the appropriate application of legal provisions, implementing " physical" criminal approach or leading to physical damage will be excluded, but that results in non-fulfill of the legislation purposes. In addition, in the design of punishment degree of "sentencing", if "the same" computer interference "criminal acts" infringe whether personal "life" legal interests and personal "property" legal interests; or "personal" property legal interests and "social" property legal interests, "same" standard will have to be applied for the punishment "sentencing" considerations, which is consequently unfair. With respect to the " competing rules of the laws ", the design of the 36th Chapter, including Article 360, may leads to a dilemma in deciding which article to choose, hence making it impossible to decide the appropriate punishment degree of "sentencing". Take it as an example, the criminal act that changes electromagnetic records and at the same time causes interference of computer operations will simultaneously constitute criminal offenses against Article 360 and Article 359, but judgment based on the " competing rules of the laws” will make both articles unable to clearly explain and specify the contents behind the intended protection of "legal interest", consequently unable to clearly determine the results of the competing relationship between the two, and accordingly unable to make appropriate consideration on the punishment degree of "sentencing". From the perspective of foreign legislative cases related to our Criminal Law Article 360, the United States and Germany adopt different legislation design, and their original principles of criminal justice system are related to and have influence on their legislative cases design. The German legislation design of the criminal justice system is more similar to ours. The United States criminal justice system in regulating specific types of crimes on the legislative design, however, pays less attention to the types and scopes of the protected "legal interests", has neither the concept of "culprit, accomplice" and "competing-collaborating relationship", nor consideration of punishment degree "sentencing" in the design. The purposes of this study are, by observing the features of the United States and Germany in the relevant legislation design of legislative cases, to examine the problems of our current laws resulted from the legislation, to further propose a return to "legal interest" as the core of the legislative model for the design of legislative norms, to firmly establish legislative norms to protect where "legal interest" stands, to build "systematic" design of composing elements by legislative norms, to return "accomplice" act in the whole criminal process back to accomplice category for regulation, and to establish protection system against "critical interest" infringement. I hope the above 5 specific proposals can help legislators address the issues of legislation design.
35
Su, Ting-Yi, and 蘇庭誼. "The Research on the Interaction between Executive and Legislative under the Divided Government - The Legislative Process of Referendum Law." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/sp98t8.
Full textAbstract:
碩士銘傳大學
公共事務學系碩士班
94
The central government in Taiwan comes to the divided government as the outcomes revealed by the 10th presidential election at the end of year 2000. The fourth legislative committee member was reelected in December of 2001, although Gain 38.7% of the seats that the Democratic Progressive Party is in this election, the outcome can’t change the situation of the divided government. I think the situations of interaction under the divided government are very different from that under the unified government. So I will analyze the interaction between executive and legislative under the divided government by the legislative process of referendum laws. There are three points that I want to find out. 1. What kinds of strategies are usually used on the legislative process. 2. How about effects when some strategies are used on the legislative process. 3. Explain why some strategies are usually use by the second outcome. When I analyze the process of referendum laws, I get the conclusions. 1. The strategies are usually used on the legislative process are: (1) Institution: proposal, inter-party negotiation, the rules of procedure, reconsideration; (2) environment: overseas cases, ideology, media event, self-interest. 2. There strategies are use on the legislative process can be identified by demos. 3. Why there strategies are usually used is because when there strategies are use can be identified by demos. In the other word, when there strategies are use can bring eminent effect on the legislative process.
36
Chen, Yen-Fu, and 陳彥夫. "Research on Split-Vote of Seventh Legislative Election by Spatial Analysis." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/17741572840981266795.
Full textAbstract:
碩士國立臺灣大學
國家發展研究所
101
In this research, take the seventh legislative elections for target, It’s first time two ticket voting for congress in Taiwan and it’s a good chance to observe split -vote havior. The unit of analysis are 358 towns in this country. Thronging conventional regression and spatial analysis model to understand the factors that affect the split- voting. Not only the split voting rate as the dependent variable, but also the Pan-Blue and pan-green camp split voting rate .the study found that the most important factor affecting split vote are the third force candidates, showing the charm of candidates for parliamentary elections has a very important influence. The factor that influence blue camp split vote rate are agricultural population and ethnic group. The factor that influence green camp split vote rate are urbanization and ethnic group. The spatial analysis, prove that the split-vote rate would be affected by the proximity effect, the split –vote behavior in adjacent area will be similar.
37
CHENG, CING-CHIH, and 鄭清池. "Research on the Legislative Process of the ConsortiumCorporation Law in Taiwan." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/57dq3w.
Full textAbstract:
碩士南臺科技大學
財經法律研究所
107
Abstract The evolution history of the incorporated foundation of Taiwan began after the World War II, when the national government received the assets of the Japanese government and conserved the private assets from the received Japanese assets in the form of incorporated foundation organizations. As the third sector of the international community (nonprofit organization) flourished and actively participated in civil affairs, the incorporated foundation organizations in Taiwan have shown the face of colorful and diversified progress and development, also because of Taiwan’s economic boom and the increase in national incomes. With the rapid growth of the number of incorporated foundations for politics, culture, academics, medicine, sanitation, environment, communications media, community service and other purposes of public welfare, many abuses have been hard to avoid, and the civil law and seven other regulations really cannot manage and solve all the problems. Therefore, it is critical to formulate the incorporated foundation law, to establish the comprehensive legal environment for incorporated foundation and to improve the supervisory mechanism, so as to indeed achieve the goal of assisting the incorporated foundations aided by governments in transformation and delivering more benefits to the people. In more than 10 years, across three presidents and after 5 times of “government proposals” and 17 times of “committee proposals”, the incorporated foundation law was finally passed and completed the legislative procedures after its third reading in the Legislative Yuan on June 27, 2018. Its basic principle is that the “incorporated foundations aided by governments” adopt high density management and the “incorporated foundations aided by privates” adopt low density management. It is hoped that the incorporated foundation law can be functional in financial transparency of incorporated foundations and common supervision by the whole people to realize the purpose of public welfare. Keywords：Incorporated foundation, Incorporated foundation law, Incorporated foundations aided by governments, Incorporated foundations aided by privates, Nonprofit organization
38
Ku, Chih-Chuan, and 古志全. "The research of the Political Effect on the 2008 Legislative Election." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/73323648387078589441.
Full textAbstract:
碩士國立成功大學
政治經濟學研究所
97
In public opinion and under political party's demand,the Seventh Revision of the constitutional amendment in 2005, Taiwan changed its legislative electoral system to a single-member district.In 2008, the 7th session of the legislative elections in Taiwan.Kuomintang (KMT) wins the 71% Member of Legislative Yuan seating and with the People First Party（PFP）, the non-party Solidarity Union seating, surpasses 3/4 the majority opposition.2000 to 2008, After 8 years, returns KMT the one-party dominance and the central government and Local to hold the reins of government. This research's objective, this article about plans by the History Institututionalism, Political system theory , and the Electoral system theory, viewpoint to embark on the research construction. Refers to the Member of Legislative Yuan to choose the electoral rule chance with result in the Legislative election 2008, the Legislative election to cause KMT to obtain above quota the Seat Bonuses, Democratic Progressive Party（DPP）the rate of seating is lower than amounts to only 64.11% of total votes. and small party unfavorable to decay the situation. Why initially our country electoral system choice will exist single-member district dual ballot system, after elected to make newly the Legislative Yuan election ended, the analys of electoral rule chance vicissitude to have the political Effect to have two big viewpoint: First, government system way interaction, two, the single-member district at the local county city . Why arrangement of does the Legislative election time interval was important and have the crucial nature. Moreover, I think about the amending to the electoral threshold in the Constitution public referendum to be very high, by choose the electoral rule chance to be difficulty.how should the other parties in accordance to the nomination system's elasticity and whether to be helpful to the election campaign. The woman suffrage and election seating had the remarkable progress, after electing, until now the election result of Our country Government system about the president, the Executive Yuan , the legislative Yuan triangle of interaction influence's political vicissitude.As well as t, for a long time, to party politics development advantageous and disadvantageous place, after implemented several session of Legislative elections, We Can appraise lawmaker to electoral rule .could objectively fairly the fit and unfit quality, is worth the people long-term observation.
39
Lin, Meng-Shiang, and 林盟翔. "The Research on Insolvency Legislative System of Enterprises and Financial Institutions." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/34349894041089663090.
Full textAbstract:
博士國立臺北大學
法律學系一般生組
102
Insolvency system refers to “faillite”, applied in negative explanations in legal system. Insolvency system creditor-debtor law means governmental relief to debtors on the economical crisis. Enterprises insolvency means enterprises which have liabilites on finance and law for unable to reimbursement as credit expired and enterprises unable to continue business activities. Enterprises may have no chance to restart once in insolvency system. Financial institutions insolvency means defective financial institutions will not integrate relevant issues of preserving financial institutions only by functions of financial process. Meanwhile, in passive is to protect depositors or investors and in positive, is to prevent systematic risks and public benefit disappear in order to sound financial system. Besides dropout market, defective financial institutions process also has early correction and early warning system as mentioned preventive supervision system as development recently. On the other hand, process legal system enclosed will have passive function which pushes defective financial institutions quit market and positive functions to rebuild and react business so deduct the financial risk. Accordingly, after totally review, business reform system and bankruptcy legal system is not efficient for present economical develop so urgent case is to refer outsider experience such as UN relevant draft, to rebuild enterprises and financial institutions for strengthen defective corporate and financial institutions exit mechanism. Therefore, the core is re-analysis of reform and bankruptcy legal system, meanwhile the amendment of combination for compliance with enterprises and financial institutions exit system. Generally issues based on financial risk and supervision to analysis and combine follow items such as enterprises and financial institutions process law and present relevant legal system to strengthen supervision law as the conclusion. Therefore, processing legal system as the economical and financial system, is guiding the cooperation and financial institutions exit market mechanism. Enterprises processing includes “reform”, “bankruptcy”, liquidation”, “special liquidation” etc. As to global legal system, the mainstream is Unicode for processing system, such as US“Bankruptcy Reform Act of 1978“ Besides, international organizations intend to combine “bankruptcy” and“reform” in single code and in generalizes, the reform belongs to bankruptcy, despite no uniform rules. However, another legislation is use separate rules for different systems to confirm practicing, such as ROC Bankruptcy Law includes bankruptcy, Company Law has reform section and similar legislation in Japan such as Bankruptcy law, Civil Recreation Law, Corporate Reorganization Act, liquidation section in Corporate Act. Either Bankruptcy or reform system, the initiate point is based on insolvency or relevant application so the authority and courts have similarity procedure and decision to deal with issues. Therefore, after result papers of Bankruptcy Reform System or Insolvency Regime published, the single code of bankruptcy and reform may be the final result and furthermore, The Legislative Yuan Republic of China will announce the draft of Insolvency Act as the base for enterprises reform.
40
Lee, HsinTa, and 李信達. "Development of Regions and Party Competition: Taiwan Legislative election Research(1989~1995)." Thesis, 1999. http://ndltd.ncl.edu.tw/handle/23744886074753972968.
Full textAbstract:
碩士國立政治大學
政治學系
87
The thesis is an ecological analysis of competition between major parties (the KMT, DPP, and NP) in the 1989, 1992, and 1995 elections for Taiwan''s Legislative Yuan. The unit of analysis is the "Hsiang" (rural township), "Chen" (urban township), "Shih" (county city), or "Ch''u" (precict), and we separate all of the local area units into three clusters to obtain the ecological determinants of the degree of competition between major parties. We explore the relative influence of ecological conditions of local units on the election returns over the six year period. The results of regression analysis indicate that major significant variables are in accordance with theoretical assumptions. Urbanization, development of industry and commerce, high percentage of youth in the population, and high degree of voting consistency in a county can raise the degree of competition between major parties, but a high percentage of the budget from subsidies, law degree of voting consistency in a township, and strong county factions can reduce it. Urbanization, development of industry and commerce, and degree of voting consistency in a county have influence on the percentage of the vote lost by the KMT''s candidates, and percentage of the budget from subsidies and strong local county factions influence the percentage of the vote won by the KMT''s candidates. A high percentage of mainlanders contributes to the KMT''s vote share before 1992, but becomes disadvantageous in 1995. Urbanization, development of industry and commerce, and degree of voting consistency in a county are beneficial to the DPP, but a high percentage of mainlanders, a high percentage of the budget from subsidies, and a high degree of voting consistency in a township are harmful to it. Urbanization, development of industry and commerce, a high percentage of mainlanders, and a high percentage of youth in the population have a positive influence on the NP''s vote, but a high percentage of the budget from subsidies, a high degree of voting consistency in a township, and strong local factions have a negative influence towards it. Longitudinal analyses find that the time factor intensifies the degree of competition between major parties in favor of the DPP. Electoral inertia, or the retrospective effects of the last election, has a powerful influence on the vote share of the KMT, DPP, and NP. Also the same type of elections has more influence than different types. Finally, through clusters analyses we can identify various types of groups which reveal various relationships between development of regions and competition between major parties.
41
Hsu, Chen-Wei, and 許陳偉. "Research on the Public-Financed Assistants of the Legislative Yuan in Taiwan." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/473j2m.
Full textAbstract:
碩士銘傳大學
公共事務學系碩士班
97
This study mainly investigated the following issues: First of all, in order to obtain some inspirations and measures from foreign congressional assistant systems as a reference for the reform of the domestic system, this study first probed into the systems adopted in the US, Japan, UK, and France. Through comparative analysis, the background, design, and implementation of these systems were analyzed and compared with the domestic system of public-financed assistants of the Legislative Yuan. Since there have been an electoral reform, reduction of legislative seats by half, and demands for more public-financed assistants, the implementation and operation of the domestic system of public-financed assistants of the Legislative Yuan were investigated, including the advantages and disadvantages of the system, feasibility of systemization, and issues that may derive before formation of a system. Besides, incentives for the public-financed assistants, their future career, and the impact on their political career were also empirically examined through interviews. Finally, based on the findings of the above two issues, suggestions on improvement of the current system of public-financed assistants of the Legislative Yuan were proposed as a reference on future amendment of related laws. The research was mainly based on in-depth interview and assisted by literature survey and comparative research. As the system of the public-financed assistants of the Legislative Yuan is a dynamic system and constantly affected by the interactions among members of the Legislative Yuan, many dynamic information and contexts might not be fully presented in static data, and the practical situations might not be easily realized without involvement in this system. For this reason, data should be extracted through in-depth interviews and compared with findings obtained from research and literature analysis to clarify the development and dynamics of the system. Therefore, people with practical experiences of the system, including public-financed assistants of the Legislative Yuan, experts or scholars with experience of being a congressional assistant, and legislative staff were interviewed and researched with viewpoints of the legislators also considered.
42
Chen, Chun-Hui, and 陳春輝. "Legislative research of two system of ticket of committee member's single precinct." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/41655215227091285132.
Full textAbstract:
碩士國立臺灣師範大學
政治學研究所在職進修碩士班
95
This research aims at probing into the referendum on June 7 , 2005 of national assembly of our country and repairing clauses again through revising the constitution, it is 113 people that the legislative committee member among them is reduced by half from 225 people from the seventh , and adopt the relevant problem that two system of ticket of single precinct elect. This research is respect to arranging the introduction is elected legislative committee member of chapter two the legislative foreign member of congress of environmental chapter four of policy of two system of ticket of committee member's single precinct of chapter three of the change course of the mechanism implements The experience of two single system of ticket inspects Taiwan of chapter five and implements the legislative question of two system of ticket of committee member's single precinct and conclusion of chapter six of the countermeasure. In the past 50 years, conduct that the legislative committee member's electoral system adopts ' write and can't amortize the vote law only ' (or generally called the ' large precinct ' and make), not only cause the local faction to stand in great numbers but also make the party discipline inside the legislative organ not raise apparently , influence the agenda quality and efficiency of legislative organ. Meanwhile, this kind of vote system exerts an extremely bad influence on political culture, including money politics overflows, it is serious to elect the problem of buying tickets through bribery, and the legislative committee member, in order to strive for the ticket source of the specific block, topic on it put forward and to go to extremes,. The principle and order of seats and establish how to stipulate in the legislative committee member's precinct ? First, how about plan the principle of the precinct, and accord with fair justice? Second, how to adopt two system of ticket of single precinct? Exist side by side and make? Unite and set up making? Accord with the present political humane culture in Taiwan? Third, carry out the threshold of proportion of political party to set up , develop in and the public will that really suit every political party? So-called theorist one, bubbling with noise, each side concern this one he set . It may cause and at present set up the conflicts of the interests among the committee , local faction and political party that the precinct divides the course, because district and villages and towns city population too many too little, must carry on transregional or step precinct of administrative area , villages and towns of city whole and with while rowing again, should consider person who link to each other , compatibility of life range of geography , avoid so-called deviation practice of ' the outstanding favourable salamander ' (gerrymandering ), there are ' the outstanding favourable salamander ' that assign again of interests of the so-called party groupingses to divide the feeling thing improperly in U.S.A.. So dividing in the precinct must conform with fair representativeness . Ensure the principle in the area. The administrative division is intact. Set up the fair and just precinct and row the mechanism again. Two system of ticket of single precinct is that ' one ticket is chosen , vote for the party ', system of Taiwan according to is it can inclined to Japan and vertical , that is to say regional separated form ticket of political party to calculate ticket relatively to used to; It is elected in the area that Germany unites vertically but determined the total proportion of order of seats of every political party by the ticket of political party after the deduction of order of seats, and then the allocation proportion represents the order of seats. Seeing that Germany unites and sets up making, the seat elected one party in the small precinct , the planned number that have already exceeded this party and is always elected, this party, in the part of proportion of political party, will be unable to assign any planned number . This kind of situation will cause this party to have the electioneering, propose the candidate list, the voter casts the vote of political party, the political party wins quite a lot of of the votes too, but can not divide the feeling thing of any seat, cause the ballot which throws the political party to lose the meaning, click looking from these, the vote convention that violate our country and elect, and compatriots' cognitive way, it is very difficult to explain clearly. Watch from the angle, in order to adopt Japan is it is it calculate between area and legislative committee member's order of seats of dividing into etc. respectively to make to exist side by side, like comparatively simple and easy and feasible, but research this is it adopt Germany is it is it make than conform with light party survival and development that politics need at present to set up to unite to propose. This research plans to work out the achievement with the practical research attitude, can offer the relevant unit to consult .
43
Sun, Ze-Wen, and 孫澤文. "Legislative Research Of The Institutional Reform In China''s State-owned Enterprises." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/41772000593482226997.
Full text
44
Yang, Ching-Fu, and 楊清富. "The Position of Legislative Yuan in the Decision Making on Cross-Strait Relations -the Research of Legislative Yuan’s Cross-Strait Affairs Responding Group." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/32394612055874235661.
Full textAbstract:
碩士國立臺灣大學
國家發展研究所
95
This research mainly researched Legislative Yuan’s cross-strait affairs responding group, explored the position of Legislative Yuan in the decision making of cross- strait relations, made clear the interactive relationship among Legislative Yuan, president, and Executive Yuan, posited possible interactive ways between executive systems and monitoring mechanisms in the process of making and executing policies of cross-strait, and discussed the possibility to take Legislative Yuan as another pipeline to break through the deadlock on cross-strait relations. The full texts divided into six chapters: the first chapter was the introduction, separately showing the research origin, goal, way, method, literature review, research framework and limitation. The second chapter gave an explanation on the current relationship between Executive Yuan and Legislative Yuan on cross-strait. The third to fifth chapters basing on the analytic ways of role theory investigated Legislative Yuan’s cross-strait group from three levels: ideal level, cognitive level, and practical level. The sixth chapter first responded the research propositions to induce the research findings. Next, we put forward immediately feasible suggestions on the policy: (1) increasing the research motivation/energy of Legislative Yuan on cross-strait affairs; (2) strengthening examinations on executive orders related to cross-strait; (3) encouraging institutions’ communications between cross-strait in order to establish communicative platform; (4) reinforcing security work, avoiding executive departments evading the surveillance under the pretext of national security; (5) impelling Legislative Yuan president to visit China with all one''s strength. Middle to long-term suggestions were: (1) making proper arrangements on cross-strait decision-making systems and the relationship between Executive and Legislative Yuans; (2) legalizing Legislative Yuan’s cross-strait monitoring and participant mechanisms; (3) continually impelling reforming projects on the Congress. Finally, we gave some suggestions for further scholars: (1) avoiding falling into the mire on the definition of central authority systems; (2) supplementing the discussion on legislative committee members’ roles. This research focused on practical side. Besides collecting related council records and important political personages’ opinions, we also interviewed representative opinion leaders in executive department, legislative department, political parties, China departments related to Taiwan, and media. This research had following major viewpoints: First, Legislative Yuan had big jurisdiction but didn’t display on cross-strait issues. It should increase Legislative Yuan’s inquiring resources and legalize related power to strengthen Legislative Yuan’s supervisal function. Second, under the election consideration, all political parties’ cross-strait policies were short line operated. Because of short of mutual recognition, Legislative Yuan had limited participation in cross-strait affairs. Third, the cross-strait group located unclearly, difficultly displaying the effects. It should first focus on communications between cross-strait departments to establish the communicative platform and take advantage of Legislative Yuan president’s superiority, impelling the president to visit China and do the consultation.
45
蔡志豪 and 蔡志豪. "The research of electoral system of Hong Kong Special Administrative Region Legislative Council." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/41328382095540355689.
Full textAbstract:
碩士淡江大學
中國大陸研究所碩士班
99
Legislative Council of Hong Kong has beginning direct elections since 1991, through to the “political system reform” of Chris Patten in 1995 and first Legislative Council elections after return of sovereignty to China. The direct elections system had changed three times in 7 years, in the other Hong Kong special ‘s Functional Constituencies elections is keeping in the Legislative Council elections. The change of election system had effect for the political development of Hong Kong. This research’s target focus on the following itmes : (1)Investigating the real situation of the contemporary Legislative Council election system of Hong Kong and see if there is any correlation with its’ affection.(2)Comparing the difference between Hong Kong and Taiwan proportional representation system.(3)Analyzing the factors like Party’s nomination system, construction of name lists, campaigns’ propaganda stragies and how they affect the Legislative Council of Hong Kong. (4)According to the Legislative Council election system development research, understanding how China motivates it’s governance principle of “One Country Two System”. According to the targets of this research, the thesis uses historical approach, document method and comparative method to clearify the data. Moreover, with the analysis of different document and data of Legislative Council of Hong Kong showing before and after it’s return of sovereignty to China, we can compare the changes and effects in between British colonial and Special Administrative Region. This research is consisted of four parts. In part one, in chapter one’s introduction explains the motivations and reasons of researching, besides, explaining the research’s approach and methods, chapters arrangements, and data discussions. In part two, we elaborate and analyze the evolution of Legislative Council election system during the British conloneization. In part three, we analyze and discuss respectively about the effects according to the four results of Legislative Council election system from 1998 to 2008. In part four, we made a conclusion to Hong Kong proportional representation system; comparing the difference of proportional representation system between Hong Kong and Taiwan; comparing the Functional Constituencies specialties and it’s future abolition problems. election system and ”One country Two system” effects each other. At last, we talk about the Legislative Council election system’s future development. According to the results of the research, we’ve discovered that proportional representation system and the functional constitutions would lead the legislative council to multi-party system. In the “Basic Law”, it ruled administrative leading system with no ruling party. The design of election system can effectively hold back the development of Hong Kong’s party politics. If Hong Kong wants to carry out the real democratization “Universal Suffrage”, we must think about how to reform ruling mode and how to maturely develop party politics.
46
Tzu-LunHsu and 許慈倫. "Research on the policy effectiveness of “Taiwan's 2012 combined Presidential and Legislative Elections”." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/01807095311205325054.
Full textAbstract:
碩士國立成功大學
政治經濟學研究所專班
101
Abstract This research explores the effectiveness of Taiwan's 2012 combined Presidential and Legislative Elections. Three phases including policy formation, policy planning, and policy implementation were studied through the impacts of social benefits and cost of the combined elections. The focuses were mainly on whether the combined elections were consistent with the positive political expectation. Especially it was to examine the impact of policy from legal, regulatory, and systematic perspectives when deciding date of the elections. In addition, satisfaction of voters and staffs working for the elections was investigated in this research. Documentary analysis and in-depth interview were the main research methods for this study. There were three important findings. Firstly, policy formation was driven by political atmosphere. It was believed that public expectation for the two-in-one combined elections could have huge cost savings. And the costs of political mobilization for elections could be reduced. Secondly, for policy planning, combined elections could have cost savings on election expenses for both governments and political parties. As for legal and regulatory aspect, there were positive and negative views. Both KMT and DPP concerned about the Presidential and vice Presidential Transition Act Draft.” However, the draft has not been put on the process of legislation. Thirdly, cost savings were also the main purpose of policy implementation. Policy implementation did not arouse great disputes and defects that might lead to more social cost. However, it might be expected the voting rate for the Legislator Election to be low if there were two different election dates. In addition, the merged elections were also leading to political effects, such as the coattail effect of presidential candidates. It might encourage supporters to vote for legislative candidates of his party. There are three suggestions for this study. First, policy formation is still affected by political atmosphere. Therefore, we have to make the decision carefully. Second, the policy planning process has to be improved. And we need to change the related laws. As for the Presidential and vice Presidential Transition Act draft, it could reduce the social cost and risks. Thirdly, policy implementation is very peaceful in this election. But we have to be cautious about the hidden risks.
47
Yeh, Feng-Chia, and 葉豐嘉. "A Research on Information Outsourcing of Central Government – An Example by Legislative Yuan R.O.C." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/62846074048086271438.
Full textAbstract:
碩士元智大學
資訊管理學系
100
It has been a trend in government policy when it comes to information outsource. Recently, many other country have highly emphasized on the service satisfaction from users’ points of view and the related IT workforce accordingly. Our nation’s IT policy has been required to pay attention on these terms and to prepare a series of suits of solutions to this competitive and more complex environment. Established in 1999, the Information Department of the Legislative Yuan is responsible for the development and maintainence of information systems and services in the competitive world-wide parliament performace especially on information technology. Accumulately, more than 50 information systems or services have been created to serve the related affairs of the congress. The experience is one of the most important assets for Legislative Yuan not only because of the plenty of information systems but the well-understood partnership with each other for the outsourced tasks, which is leading the IT policy of Legislative Yuan to a strategic view of overall outsourcing roadmap. Confronted by the rapidly migration on information technologies, what does it take for the government to keep pace with them in order to leverage the overall competitiveness? What actions should be taken to deal with the upcoming challenges in the current IT workforce capability, in order to acquire the latest hi-tech experiences for the more agile application needs? How should the supervisors do to get insight of the relations between causes of the dissatisfaction on IT service and the IT workforces in consequence for the needs on refining IT policy? Management consultant Peter Ferdinand Drucker once ever said, “If you can’t measure it, you can’t manage it.” References about the measurement on both IT workforce and quality of services submitted by many former researchers from different areas of domain knowledge are concluded in this thesis including USA CIO council ITWCA 2006 and papers published by our government on IT services. Considerations on both IT workforce and quality of service from IT experts in Legislative Yuan summarized are made to be a hypothesis model for the comparison with what the users feel and think by using questionnaire survey on information system ITSM. Proven by expectations and practices both in experts and users, five different gaps are found to be significant in statistics such as gap on degree of satisfaction on quality of service, gap on acknowledgement of IT workforce, gap on acknowledgement of information quality of services, gap on the influence of the external communications, and gap on the relationship in reality of IT workforce task allocation. Recommendations made as a series descriptions to each gaps are expected to managerial level experts in department of information in the Legislative Yuan for further and permenant improvement process reference to the current IT policy and human resource management in pratice.
48
lwo, Chien-Chen, and 駱建呈. "The national legislature investigates the research of the power--And talk about my country Legislative Yuan to investigate the legalization of the power." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/wkfw8v.
Full textAbstract:
碩士國立臺灣大學
國家發展研究所
94
The national legislature inquisition power originates England, afterwards other all countries popular grass to suppress, is a democratic nation country. Would under the government system that power sign separately, a necessary assistance power. National legislature''s investigating the meaning of the power to lie in it is(1) the national legislature inquisition power to is the national legislature that inspects the administration process direct power;(2)In the national legislature launch the lawmaking procedure, national legislature''s investigating power is to launch lawmaking procedure, the development assistance legislative power of[with] lawmaking intelligence, information;(3)The national legislature inquisition power is the right principle that knows according to the citizen to develop the national legislature original rights of the constitutional government function. The national legislature investigates the basic principle of the power system back lies in the fulfillment power then for cent to sign, rule of law principle, the responsibility politics, human rights guarantee, the citizen knows of the guarantee etc. of[with] right. The national legislature investigates the power system to have no restriction not, all needing to have certain restriction for witness'' right, the administration privilege and the judicature, for example not from certificate the Yuan of the personal offense, the administration privilege uses with judicial independent etc.. Represent the democratic nation of sex in, the United States is the model that carries out the national legislature inquisition power system, establishing it to hear the public''s trust that the certificate system, national legislature investigates power in the many times in the past major history case(as Watergate case), also developing the function of the check and balance ; The British is a national legislature to investigate the origins of the power system, a few systems all is custom it first, if the witness takes an oath the method etc., its" the administration inspects to make" system also develops a style of one''s owns ; The national legislature inquisition power system of France isn''t needy, carrying out however up but without certain result, the committee establishes very few, even establishing, also becoming the tool that the government manipulates ; The national legislature of Germany investigates power to go into constitution, the legal source is rather complete, even passing to investigate the committee method its special features to lie in to distinguish analysis the acknowledgement that the scandal inquisition committee and lawmaking investigated committee, few powers in 2001, compulsory power it give, personal guarantee of the rights etc.; The country Zheng inquisition power of Japan is similar into the constitution, similar separate often the term the committee and the hoc committee, it keeps secret an obligation, power to sign for cent at the public official, don''t invade proper realm of judicature of the judicial precedent is rather many, can be a reference. Our country is fixing a method to explain with Lord Chancellor to make many times in the past under, constructed national legislature to investigate the embryo of the power gradually, release a word on the 325th explain first is put forward a document to survey power, thereafter, each legislator puts forward Legislative Yuan inquisition method drafted plan in succession ; Along with release a word No.461 explain and release a word to explain on the 498th of make, enrich the content of"be queried an obligation", and really adjust the meeting regulation and release a word No.585 explain, explained the meaning, content of"national legislature investigate power" with one action, and my country will improve a direction in the future ; The government information public the method announced to public the administration privilege to exercise of boundary, and the Law Governing Legislators'' Exercise of Power revises drafted plan, also toward investigate the power learning with foreign national legislature and keep up with of the direction moves forward. The future suggestion lies in hoping to have an explicit legal source, and revises a Law Governing Legislators'' Exercise of Power, And consider to introduce German few power provision, "independent public prosecutor" in the United States system or"the national legislature inspects to make" in England system etc., end, should as soon as possible sound and related legal system, build up usual practice.
49
I, Ku-Ming, and 顧名儀. "The Legislative Process and Theory Research of the Constitutional Amendment Proposed by the Legislative Yuan — A Case Study of Parts of the Constitutional Amendment in 2004." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/76159659527117308371.
Full textAbstract:
碩士東吳大學
法律學系
97
Whether the seventh constitutional amendment in 2004 conforms with the form the validity and the substantive validity, is precisely the direction which this article wants to discuss. Research goal of the present paper is: (1) Discusses official business the autonomy and the right legislation procedure could be a instruction datum of the constitutional amendment system in the future.(2) Discussion of official business the autonomy and the procedure of the amend Constitutions to make the explanation meaning by Grand justice conference of Judicial Yuan, enables Legislative Yuan to consider the constitution revision proposal as constitution principle. (3) As the reference of adjustment system in order to reform to Legislative Yuan either other constitution institution. From the proposal process, the Legislative Yuan specialized staff's system proposed as soon as situation of the correlation memoir, amends the Constitution reads meets the situation, amends the Constitution situation of examination of the committee, amends the Constitution situation of the public hearing, amends the Constitution situation of the political organization consultation as well as amends the Constitution two reads the meeting, the third reading situation and so on seven main ways to analyzes and examines the seventh time amends the Constitution the process, by was recently democratic the national Congress system comparison and sets up legal science principle view it, the research discovered the following six flaws: (1) amends the Constitution specialization of goal the committee not yet to achieve (2) amends the Constitution the committee to attend committee member to reach as high as 114 people, affects discusses official business the efficiency (3) the standard of political organization is too low(4) political organization consults has not kept the speech record, therefore legislates the meaning with difficulty to investigate (5) second and the third reading function weaken the political organization (6) lacks effective amends the Constitution or the legislation plan, so that the judgment examination precedence is difficult. Legislation process the comprehensive survey this constitutional amendment, it amended the Constitution the proposal and the consideration procedure still waits for the reform or draws up. Has the following nine suggestions: (1) realization amends the Constitution committee specialized member (2) carefully deal with processing of two reading(3) to enhance the political organization standard, avoids the small party outnumbered and monopoly(4) the enhancement hold public hearing consultative mutual recognition, as the understanding public opinion and the self-criticism bill as the understanding public opinion and the self-criticism bill validity reference (5) constitutional amendment to amend the Constitution the committee examination and the political organization consults should the entire journey public transparent (6) Legislative Yuan amend the Constitution the committee should hold public hearing as first priority to legislation (7) to amend the Constitution the committee to examine has reached constitutional amendment of the mutual recognition not suitably to consult (8) third reading in the political organization to be suitable for two reads the latter week to hold again, and makes the writing revision and the inspection legal system coordination truly works (9) refers to the Diet Bureau of Legal Affairs's method, the strengthened specialty and staff of support system the neutral, promotes lawmaker the proposal quality.
50
Kuo, Hui-Chen, and 郭慧真. "A Research of the Reflection on Legislative Policy of Artificial Abortion in Genetic Health Law." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/89864170212231954034.
Full textAbstract:
碩士中興大學
科技法律研究所
95
Abortion is a serious social problem in Taiwan; this thesis is a research of the reflection on legislative policy on artificial abortion of genetic health law by socio-legal study approach. It reviews the legalization record of the artificial abortion in genetic health law in 1980s, and collects related legal cases at the trial courts. By analyzing the legalization record, this paper demonstrate the artificial abortion of genetic health law does not corresponding to our society facts. By the legal cases study, it focuses its study in the following 3 type: reasons for abortion without violate criminal law, pregnant adolescents and married pregnant. For the rough ruling of genetic health law, it finds some social problems cannot be solved. It also reviews the modification of genetic health law recently, and finds the legislative facts still not are emphasized.