Thèse--Université de Paris. / "Indications bibliographiques": p. [255]-260.

Patent is a significant sign of modernizing a country. Protecting patents has been a problem since the Patent Law was conducted in 1949. At initial stage, inventors were unwilling to register patent because that they thought their inventions would not be protected by the Patent system. Until now, there are about 80,000 applications every year. It is clear that the patent system has developed more completely. However, it produced new proplems with us. For instance, the percentage of patent licensing is too law; the examining procedure is too long. Therefore, the patent system still need to be revised. In this research, the author reviewed the patent law and mechanisms on the basis of the five frameworks of administrative law, including Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and literature review. For the purpose of improving Patent system, the researcher suggested that the Patent system should be revised.

Abstract Cross-strait exchanges have become more frequent since Taiwan abolished the martial law on July 16th, 1987. At the same year, the restriction on family visit to China was deregulated on November 2nd. However, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area about protection of Mainland people¡¦s right is obviously incomplete. For instance, according to Article 95-3 of Act Governing Relations between the People of the Taiwan Area and The Mainland Area, the provisions of the Administrative Procedures Act shall not apply to the handling of the matters related to the dealings between the people of the Taiwan Area and the Mainland Area. The regulation really retarded the development of cross-strait exchanges. Besides, the researcher found out that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area is not in accordance with the social¡¦s status in cross-strait exchanges. Therefore, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area has to be regulated. In this research, the author reviewed the regulations, mechanisms and social status in managing way on the basis of the five frameworks of administrative laws, including Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and literature review, comparative analysis and historical induction. For the purpose of improving regulations of cross-strait exchanges, the researcher suggested that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area should be re-legislated.

This research uses the five major frameworks of Administrative Law to cover the current challenges the Chinese government faces and proposes recommendations on the legal system. First, in the area of the ¡§basic principle,¡¨ I cover the history of the organizational structure, which helps us understand the current problems existing in China. I also discuss how we can make adjustments to the system, reconcile politically and through regulations. Second, lessons from the developed countries also serve as a comparison when I discuss ¡§law compliance,¡¨ ¡§procedural justice¡¨ as well as ¡§citizen participation.¡¨ The aforementioned form the basic principles of this research. Furthermore, when discussing the administrative organization, I propose replacing the traditional rigid organization with the ¡§project based organization¡¨ and the ¡§learning organization.¡¨ ¡§Accountability¡¨ should be promoted to adjust civil servants¡¦ mentalities. Government budget should protect citizens¡¦ fundamental rights and show commitment to fulfilling international obligations in response to the ¡§globalization.¡¨ In the topic of ¡§Administrative Competence¡¨, any administrative implementations should go through the administrative investigations to understand where the problem is and to set the ¡§administrative plan¡¨ accordingly. Based on the principle of ¡§law compliance,¡¨ a sound legislation makes the legislative activities of the government more predictable. Besides the traditional ¡§administrative punishment,¡¨ the legislature can choose more equal administrative measures such as ¡§administrative contract,¡¨ ¡§administrative guidance,¡¨ and ¡§administrative reward¡¨ to replace the less equal measures in the past. This research also discusses ¡§administration first,¡¨ ¡§pilot,¡¨ and ¡§counterpart support¡¨, all of which are unique to China¡¦s legal system. The speedy mechanism with attributes of pragmatism and border-crossing assistance will be beneficial to China¡¦s coping with the challenges coming from the ¡§globalization.¡¨ When discussing ¡§Administrative Remedy,¡¨ this research suggests protecting diversity in opinions, simplifying the administrative reconsideration process, giving civil servants accountability, expanding administrative proceedings, reducing improper interference from people, expanding state compensation, solidifying the legal procedure for a sound interpretation of the Constitution, normalizing the referendum mechanism. These measures should help China cope with the growing administrative power in the era of globalization, and enhance the principle of ¡§wherever there is right, there is remedy.¡¨ Finally, of administrative supervision, we can ensure that the administrative power will remain uncorrupted and that the government will be more efficient and effictive through audit and internal oversight systems, supervision mechanisms from both the legislative and the supervisory power, the public opinion network, and the media. We can understand the challenges China government is facing by analyzing the aforementioned ¡§basic principles,¡¨ ¡§administration organization,¡¨ ¡§administrative authority,¡¨ "administrative remedies" and "administrative supervision." The recommendations in this research can be a reference for China or any other countries when they try to solve the globalization challenges.

Si la chaîne de contrats est une notion éprouvée en droit civil, les chaînes d'actes n'ont pas reçu les mêmes honneurs en droit administratif. Pourtant, l'observation du champ de l'action administrative unilatérale et contractuelle dévoile les nombreuses hypothèses d'actes juridiquement liés selon un procédé d'enchaînement. Si l'acte administratif s'appréhende comme une action isolée, il est une entité liée au confluent de relations hiérarchiques, fonctionnelles et procédurales. En matérialisant les relations entre les actes, les chaînes se présentent comme l'assise d'un nouveau raisonnement, non plus centré sur l'acte dans son individualité, mais orienté sur une vision globale de ce dernier. Sans remettre en cause les apports de la conception individualiste à la théorie de l'acte, elles offrent un regard nouveau et complémentaire à travers les liens juridiques que l'acte entretient avec d'autres. Expression d'une conception de l'acte en relation, la chaîne d'actes est une notion matériellement hétérogène mais conceptuellement cohérente. Son intérêt théorique a été confirmé par sa confrontation à la réalité du droit positif. A défaut d'être l'application d'un certain régime juridique, les chaînes d'actes font la preuve de leur utilité dans la compréhension des solutions relatives aux relations entre les actes. En cernant les enjeux pratiques soulevés par des actes juridiquement liés, et en centralisant la variété des solutions positives jusqu'alors traitées de manière éparse, la recherche permet de déterminer les finalités des chaînes hiérarchiques et des chaînes fonctionnelles en droit administratif. / Although contracts chain is a proven concept in civil law, chains of acts have not been tackled adequately the public law. However, by observing the unilateral and contractual public scope, we may consider that the acts are legally bound by a chaining process. While the public act is seen as a lone action, the hierarchical, functional and procedural relations are all related to it. By focusing on the links between acts, we contribute to a new way of thinking not just focused on the act itself but as a whole. Without questioning the contributions made by the individualistic conception to the act theory, chains offer a new and complementary vision through the prism of their legal links with other acts. Resulting from a relationship acts understanding, the chains of acts is a physically heterogeneous concept but conceptually coherent. In its confrontation with positive law reality, his theoretical interest has been confirmed. Failing to be an application of a legal regime, chains acts are useful for understanding the solutions about links between acts. Both by identifying practical issues raised by acts legally bound and by centralizing the variety of positive solutions thinly addressed, this research allows to determine the hierarchical and functional chains purposes in administrative law.

none

Thesis (L.L.M. (Law))--Rhodes University, 2006.

Thesis--University of Southern California. / Includes bibliographical references (p. 574-583).

In the response to the globalization trend, governments around the world manage to establish high effective and ideal-typed governments by promoting ¡§reinventing government¡¨ projects to enhance administrative efficiency. Taiwan government, meanwhile, moves on to different phases of government reform plans. Since local governments in Taiwan were given the power of self governance in 1950, the administrative divisions haven¡¦t been readjusted. After 60-year development, the population distribution and urban modes have totally changed. Without readjustment of the administrative divisions, human resource could not be reasonably deployed, resources wasted, regional development gaps widened and the entire country development was severely influenced. How face with and readjust the issue of administrative divisions is urgent. Governmental organization reform has been a crucial policy for years, yet opinions on administrative divisions has been differentiated and a general consensus on this matter was hard to be reached. The objective of promoting the adjustment of administrative divisions is to boost the government administrative effectiveness. However, there are 319 urban and rural townships in Taiwan and to adjust and merge these administrative divisions is indeed a huge task. The author adopted a microcosm perspective and took the program of merging and adjustment of rural and urban townships in Pingtung county as a case. The program includes four phases of adjustment: 1) electoral divisions of regional legislatives, 2) electoral divisions of county councilmen, 3) divisions of land administration, and 4) divisions of police administration. With related literature review, the author analyzed and compared about administrative, political, legislative and fiscal factors before and after the adjustment of administrative divisions in Pintung county, and also proposed and discussed possible problems in the process of implementing the program. It is hoped that the study can be the reference to the future promotion of the adjustment of administrative divisions.

Univ., Diss.--Utrecht.