The last decade has seen numerous proposals to reform existing tribunal systems in jurisdictions throughout the common law world. Across the board, there have been proposals to adopt generalist tribunal models in preference to smaller, specialist tribunal systems, and to achieve these changes through the process of amalgamation. The most significant recent developments to occur in Australia have taken place in Victoria and NSW during the past five years. Legislators in these States have chosen to amalgamate a number of smaller, specialist tribunals into larger, generalist bodies. In 1997 the NSW Parliament passed legislation amalgamating a number of specialist tribunals to create the Administrative Decisions Tribunal (ADT); comparable legislation was passed in Victoria in 1998 to create the Victorian Civil and Administrative Tribunal (VCAT). There were concurrent attempts to implement similar reforms at federal level. In 1998 the Commonwealth government announced its intention to amalgamate four Commonwealth merits review tribunals to form one �super Tribunal� � the Administrative Review Tribunal (ART). The Bills containing these proposals were ultimately defeated in the Senate, however the Australian Government remains convinced of the benefits of amalgamation at federal level. Similar reforms have been proposed in Western Australia, Tasmania and the United Kingdom. This thesis argues that these reforms are taking place in the absence of data about their likely implications, and without a thorough understanding of the objectives that generalist versus specialist tribunal systems can realistically achieve. This ill-considered or �over-hasty� trend towards amalgamation raises a number of questions which have not previously been addressed in academic or policy-making circles. An obvious question is whether or not an amalgamated tribunal model is more effective than a series of smaller, specialised tribunals in delivering administrative justice, in other words, whether there is any net gain to be had from a government�s decision to amalgamate. The less explored, but equally important, question addressed in this thesis is how the process of amalgamation should be approached in order to realise the maximum potential benefits that an amalgamated tribunal can bring. That is, to ask what are the ingredients of an optimal amalgamation. This is not a question about whether government decisions to pursue amalgamation are intrinsically worthwhile or beneficial for stakeholders. Rather, it is about how government decisions to amalgamate should best be implemented. This thesis proposes a way of differentiating between good and bad amalgamations, that is grounded in theory and informed by experience to date. The proposed approach is to assess the effectiveness of amalgamation processes using relevant measures drawn from an analysis of organisational theory literature: � Legislation � the legislation establishing an amalgamated tribunal needs to ensure the tribunal will have appropriate independence, powers, processes, membership and structure. � Political commitment � those responsible for proposing and planning an amalgamation need to provide appropriate funding and support for the process and for the establishment of an autonomous, self-directed tribunal. � Organisational structure � the structures put in place need to be appropriate, integrated and flexible, and should promote cohesion and interaction. � Process and procedure � the processes and procedures adopted in an amalgamated tribunal need to capitalise upon the opportunities provided by amalgamation, as well as being appropriate, efficient and able to balance the needs of a range of stakeholders. � Organisational culture � an organisational culture which counters natural tendencies towards disjunction will assist members and staff to identify with a newly amalgamated tribunal and to implement initiatives that will improve its performance. � Leadership � effective leadership plays an important role in ensuring a smooth transition from specialist to amalgamated tribunal, and engendering commitment from members and staff. Broadly speaking, these factors fall into the four categories of law, context, organisation and people. It is argued that attention must be paid to all four of these ingredients in order to achieve optimal tribunal reform. The thesis tests this proposition by examining the three most advanced tribunal amalgamations so far, namely, the Commonwealth ART, the NSW ADT and VCAT in Victoria. It is argued that the fate of the Commonwealth ART proposal proves the importance of a solid, generally endorsed legislative foundation in creating a viable amalgamated tribunal. The importance of context, organisation and people is borne out by qualitative research into the amalgamation experiences in NSW and Victoria. The fact that the NSW and Victorian governments decided to pursue policies of amalgamation at the same time provided a unique opportunity to compare the success or otherwise of two concurrent attempts at amalgamation in different jurisdictions. This thesis finds that the unfavourable political context in NSW prevented the ADT from realising its potential. In contrast, the VCAT experience highlights the benefits of paying careful attention to the wide range of factors that can contribute to a successful amalgamation. Of most relevance are the initial scale of an amalgamation, the political �will� behind its implementation, the appointment of a core of full-time members, and the creation of an open institutional culture which facilitates the sharing of information. In short, the thesis concludes that the successful construction and consolidation of a tribunal post-amalgamation requires that the necessary ingredients of optimal tribunal reform � legislation, context, organisation and people � are thoughtfully addressed.

Since Taiwan's inroad into the WTO and the drafting and actual implementation of the Government Procurement Act, the whole epoch and context including politics, social situation, economy and culture, etc. have changed dramatically. As the 21st century is a time for the prosperity of e-businesses, procurement cases processed by government agencies within a country may be promptly and easily communicated anywhere in the global village. True as it is, the establishment of a comprehensive set of procurement regulations is deemed more important, so that the government procurement work can be carried out in an even more open, just and impartial manner. School procurement, in particular, plays an important role in the whole segment of government procurement. The study started off with an eye on the traditional procurement system¡DThe old procurement regulations prior to May 27th¡A1999 were discussed to shed light on the predicament of ambiguous delineation of rights and responsibilities in regulations, undefined competent authority in charge of procurement, and scattered and unconsolidated procurement regulations and rules, etc. As Taiwan went with the global economic trend and joined the WTO, and out of political consideration, as well as the hope of showcasing her administrative success in the international arena, the Government Procurement Act was then drafted and implemented to overcome the aforesaid problems, and professionalize the procurement work.The procurement regulations and system of the Hou Jia Junior High School werediscussed with reference to the five frameworks of administrative law ¡V basic principle, administrative organization, administrative competence, administrative remedy and administrative supervision. At the same time, literature review, historical statement, comparative analysis and inductive analysis were adopted as the research methods. This is to find out whether there is room for improvement in the ¡§procurement regulations and system of the national junior high schools¡¨ in light of the five frameworks of administrative law. Hence, the research results were concluded on the future provisions and actions relating to the procurement regulations and system of national junior high schools. Specific recommendations were then proposed as a reference for the competent authority, schools, procurement staff and future studies.

In 2007, the Legislative Yuan enacted Act for Establishment and Management of Safety Fund for Police; Fire fighting, Coast Guards, Immigration, Airborne Service Personnel, And Assisting Civic Force (hereinafter referred to as Act for Management of Fund for Police and Civic Force, and Immigration Agency revised the Act on December 30, 2009). In consideration of modern democratic country under the rule of law, the Legislative Yuan depends on legislative procedures to manage policy on a legal basis, implement administration in accordance with law, improve administrative efficiency, accomplish social justice and safeguard rights and interests of the people. However, the police implement laws on behalf of the country, if its own applicable laws and regulations are out of accord with the times or fail to keep up with the times, troubles and disputes will be caused, and the welfare and rights and interests of internal colleagues may be damaged as well, even the prestige of government will be impacted. Therefore we must avoid this situation and also take care about the entire possible situation. Relevant sub-measures and administrative rules that the Ministry of the Interior authorized administrative authority to formulate in accordance with Act for Management of Fund for Police and Civic Force, including Regulations on the Establishment and Management of Safety Funds to Police Officers/Fire-Fighters/ Coastguards/Crewmen/Immigration of National Airborne Service Corps and Members of Volunteers Forces, Regulations Governing Issuance of Safety Funds to Police Officers/Fire-Fighters/Coastguards/Crewmen/Immigration of National Airborne Service Corps and Members of Volunteers Forces, as well as Provisions for Criteria of Civilian Labor Force Recruited by the Police and Fire Bridges; Maritime/Coastguard/ Immigration/Aviation Agencies, have been stipulated and published on records in accordance with legal operation procedures. Through investigation, there are as many as 7 funds administered by law enforcement office currently (hereinafter referred to as public security funds. It always seems to be overlapped, if orientation integration can be realized, it will save manpower and time, avoid from wasting of resources, prevent against malpractice and create the largest benefits. This is the research motive of this paper. This paper sticks to basic theory of administrative law - five major frames of principle, organization, limits of authority, relief and supervision as main discussion foundation. According to the research, based on analysis of five major frames of administrative law and due to different properties, Chinese existing public security funds can be divided into "government trust fund", "public and personal juridical person fund" and "non-operating special fund", in addition, they are different in central and local area, issuance conditions and objects, so the situation is quite complicated. If the integration is forced to carry out, it is possible to violate the law and cause rebound. If each foundation declares to dismiss by itself and return the surplus capital to national treasury, sufficient reasons will be required. Only for "relief fund for police and fire fighting personnel", the Executive Yuan shall be entitled to make resolutions of merger and dissolution at any time in accordance with the stipulations of Criterion of Special Fund Management of Central Government and Principle for Non-operating Special Fund Existence of Central Government. But taking many factors into account, it may be a fruitless approach to implement merger or dissolution in the short run.

Article 14 of the Constitution of the Republic of China provides that people have the freedom of assembly and association. It is also the fundamental human right. Although the Assembly and Parade Act was promulgated in 1988 and has been amended twice, its constitutionality has been challenged continuously. After the Council of Grand Justices made the interpretation of Shih-Zih No. 445, the legal system of assembly and parade still has not been changed and exercising assembly right still represent the practice of democracy and national sovereignty, which mainly protects the right of disadvantaged groups to express opinion and political ideas. In the multicultural and democratic society, if exercising the right positively can be highly valued, it will enhance the social harmony significantly. The respect towards exercising the freedom of assembly and the well addressing of it have become an important index to inspect a legal and democratic state. Article 35 of the Constitution of PRC provides that the people of the People's Republic of China shall have the freedom of speech, publication, assembly, association, parade and demonstration. Since the opening up and reformation of China, the social structure faced a huge transformation and the appeals of people tended to be more various, which provoked more riots and affected the stability of social economy and politics. Adopting a prevention mechanism for the collective power has become an issue for China. Following the rapid economic growth in cross-straits, Taiwan has also involved in the legal field of assembly and parade. Some enterprises have transferred asset and investment to China. Therefore, unemployed people will protest on the street and the social structure has also changed. Both of the governments in Taiwan and China need to established a mechanism and a well-structured system of administrative remedy and supervision to tackle demonstrations for a better harmonized society. Based on the 5 major frameworks of administration law, including administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of assembly and parade in cross-straits to redress deficiency with researching by reference, historical analysis, comparative analysis and induction analysis in different aspects. Through the study, a lot of problems have been found, including the deficiency and vague definition of related law, unclear discretion standard, the need for shifting the system from permit to pre-notice, overbroad scale of restricted area, excessive harshness of criminal penalty, inadequacy of related mechanism and the systems of remedy and supers ion, political intervention and absurdity of the law. Overall, restriction exceeds protection. For promoting the mutual development and communication of cross-straits, both of the government in Taiwan and China should examine the problems dwelling in the law and further to review and perform modification, as well as establishing an assessment system.The admendemt of the legal system should move forwards to ¡§protecting the freedom of people as human right¡¨ of the Constitution, so as to fulfill the spirit of the Constitution and the International Covenant on Civil and Political Rights, namely, protecting human right.

"Inspector" in accordance with the literal interpretation may be called to oversee and inspect. In the police system in the Taiwan region, "duty inspector" is the terminology of the police; mainland China public security organs at or obove the county level, there are "Police Inspector" are prepared. Police services are fighting as the army. Therefore, only to maintain discipline and protect the rights of the police, the people can feel happy and social security will be stable. However, how to exercise the inspectors¡¦ powers¡H These are thesis research motivation. Through the research and analysis of the five major frameworks, this research found that applied "structural stress theory" by sociologists Merton, and found out the inspector¡¦s powers to control the five types of objects. Administrative organization of soundness (for example, the inspectors¡¦ class of the municipal government police station of Taiwan province is too low, or add to inspectors¡¦ allowance), use of limitation of administrative power (for example, as far as possible trying "inspector guidance" instead of " inspector punishment"), the exercise of administrative relief (for example, mainland China should incorporate administrative internal management affairs into the "Administrative Procedure Law of the People¡¦s Republic of China"), perfection of administrative supervision (for example, refer to the practice university evaluation system, or set up Foundation bodies evaluation of the police internal control supervision) for the proposed suggestions. Last but not least, the role of inspectors is very clear. Generally everyone think that inspectors are "managing the police of the police". In fact, in addition to "management-style inspectorate", "operation-style inspectorate" should be the best method.

Abstract Administrative division contains a string of complex questions. It does not only contain the simple concept of the division of regions, but the formation of the ideology of residence towards regions and the fairness of national resource distributions. However, followed by administrative division, the original administrative district still may not develop well as expected due to the change of time and space. By the analysis of the 5 major frameworks of administrative law, I found out that since the merger of Kaohsiung city and county in 2010, the transition of the environment has diluted and allocated the resources inappropriately. It leads to an unbalanced regional development because the people can not be satisfied with inadequate resources. However, the problem is that the current administrative division can not tackle the problems. It¡¦s a great loss that a reasonable and appropriate plan has not even been conducted for the administrative division of Kaohsiung. Moreover, the scale that administrative division covers in local districts is so comprehensive that it de facto influences the right and obligations of people. Therefore, the legal system of administrative division should be improved and adjusted. By this study I found out that Kaohsiung City should consider the overall development and related factors to assess the whole situation with a profounder perspective. By the expansion that brought by the merger of administrative districts, the resources will be more adequate so as to meet the need of people. With the local features of each administrative district, transport communication can be extended, as well as the space greening and beautification. As a goal-oriented activist, the district governors should dedicated to increasing the service quality and efficiency of district offices for people. Followed by the balanced development, local features and the enhancement of overall development, Kaohsiung City can become the leading city in Taiwan with easy access to administration, balanced resources and limitless development.

One slight mistake or misuse of police firearms could infringe human¡¦s right; thus, when it comes to the controlling of police firearms, legal state will usually adhere to the principles of legal reservation strictly. Police officers need to deal with all sorts of various and strange situation in the society. However, the legal provisions can not regulate and list all kinds of police firearms, which will bring doubts to police officers if it is necessary for them to use firearms and news related to the misuse of firearms has been heard all the time. Since the controlling of police firearms is part of national administration, the purpose of using police firearms and protecting the right of human should be considered with the same aspect and extent under this democratic and legal state. Furthermore, stipulating a comprehensive act for controlling and managing the police firearms should not be limited with the interpretation of the law, but should be established with suitable rules for Taiwan to control and manage police firearms in terms of different aspects and comprehensive considerations. Based on the 5 major frameworks of administration law, including the principles, organization, authority, remedy and supervision, this study aims at examining the legal system of national controlling of police firearms, in terms of legal and practice aspect, to clarify the problems that using police firearms might bring with researching by reference, historical analysis, comparative analysis and induction analysis. Through the study, a ¡§legal system of controlling and managing the national police firearms¡¨ should be set up comprehensively, so that the suggestions of adjusting the deficiency of current law can be made. The current legal system of controlling and managing the national police firearms forms a basic shape; however, by this study, the deficiency of it has been found, such as the unspecific timing of firing, the scarcity of authority for assessing the liability of using firearms, the insufficiency of administrative authority system including administrative investigation,, the deficiency of national remedy and state compensation, vacancy of the mechanism of interior self-supervision and so on, which means that the 5 elements , including the principles, organization, authority, remedy and supervision, are left to be redressed. Fortunately, the problems may be corrected by the suggestions below. A, learn to enhance the firearms regulations from imitating how the on-duty police officers in Japan work. B, the National Police Agency of Ministry of the Interior can establish an authority to assess the liability of using firearms. C, make it a mandatory regulation to start administrative investigation before using firearms. D, state compensation should be complied with the original State Compensation Act. E, facilitate the mechanism of interior self-supervision by imitating the evaluation for universities. The government should examine the related problems of national police firearms as soon as possible, so that the reviewing and redressing can be conducted and the problems can be solved.

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.

Education is a long-term effort. The children and teenagers are the pillar-to-be in our nation. Moreover, the popularization of national education can contribute to the enhancement of national competitiveness. Thus, the Article 21 of the Constitution of Taiwan regulates that the people shall have the right and duty to receive national education, which means anyone shall have the right to receive national education and the duty to receive national education as long as he or she is a citizen of Taiwan. Furthermore, to practice education drastically, the nation promulgates the Compulsory School Attendance Act. It allows local governments to establish ¡§committee of compulsory school attendance¡¨ to manage the dropouts from elementary and junior high schools, targeting ¡§zero dropout.¡¨ However, the good faith of the regulations can not be implemented well for every citizen in terms of ¡§the right and duty to receive education,¡¨ especially for the students who drop out of school. It is affected by complicated factors, such as personal value, society, economy, peers, indigenous people and new immigrants. Dropping out has concerned the field of education the most, and it has also brought related problems to the society and public order. Therefore, it is necessary to research and to discuss how to organize an effective legal system of dropout counseling management. Based on the 5 major frameworks of administration law, including administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of junior high dropout counseling management to redress the deficiency of current law with researching by reference, historical analysis, comparative analysis and induction analysis in different aspects. Meanwhile, by learning from advanced countries, such as the U.S., Japan and Korea, some specific manners and suggestions, such as establishing dedicated organizations or offices, paying attention to secondary education and reinforcing the function of halfway schools, are expected to be provided for the government, schools, private organizations and future researchers. Through the above-mentioned manners, the situation of dropouts can be redressed and corrected. Moreover, the spirit of the Constitution, namely, the right and duty to receive national education for all citizens, can be fulfilled.

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.