일본의 국가와 지방자치단체와의 체계에 관한 연구

Abstract

Japanese reformation of the Autonomy system in 1999 was to repeal the Affairs of Delegated Duties (ADD), which organized local governments as lower-administrations, made them carry out the affairs of the state, and established an upper and low relationship between the central and local governments, and reconstitute equal and cooperative relationship. In order to spread the Autonomy system, the central government planned to reduce and relax its interference with the affairs of local governments. At the same time, the government sought to establish the rules of the interference and ensure its fairness and transparency. The comprehensive authority of the central government was widely approved when ADD was put in practice. However, ADD was abrogated and substituted by affairs of local government or Legally Entrusted affairs, so that the authority was abolished and replaced by advice, recommendation, requesting correction, directions, and agreement. As a result, the interference of the central government became weakened while the independence and self-support of the local government were reinforced. However, institutions for the local government to participate in the process of decision-making for legislation and administration are still not prepared. The paper aims to analyze the theories of the legal properties of the interference with the local government, and the participation of the local government in a decision-making process of legislation and administration. And it turns to investigate the independence of local governments from central government.