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.

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.

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.

Abstract Water is not only essential to all living creatures, but also critical to every industry. In Taiwan, given the inconsistent distribution of water resources differing by season and geographic site, and the short and narrow river basin unable to retain most rainfall, the available water resources are only one-fourth the total amount of water, which makes water one of the most scarce resources competed among immigrants in the early days. In the last half century, the increase in all kinds of water utilization due to the rising living standards, growing population, and industrial transformation results in the repeated predicament of water shortage in Taiwan; especially in southern Taiwan, severe river pollution causes even more difficulties in the exploration of water resources. However, after the lift of martial law, in the face of dramatically changed political situation and increased democratic awareness, government can no longer deal with conflicts and protests regarding water resources through coercive way as before, but rather needs to adopt alternative solutions. Taking ¡§the politics of water resources¡¨ as a major theme, this study attempts to understand what water resources issues Taiwan encounters thus far; what policies government is adopting now; what the new policies and regulations should be if the old ways can no longer cope with new kinds of conflicts; and whether the current policies for water resources issues are effective. Moreover, this study intends to investigate the implications and types of future water resources conflicts. The present study explores Taiwan¡¦s early and current water resources issues, government policies, and the administrative organization and structure for the implementation of policies through literature review, historic comparative analysis, and policy analysis approach. This study covers five chapters, in addition to introduction and conclusion, including the examinations of water resources issues in Taiwan, current government water resources policies and administrative organization, as well as future water resources policies. Finally, the findings and recommendations of the study are as follows: government should (1) expedite the unification of water right; (2) strengthen administrative organization through community participation; (3) fulfill sustainable-development-centered policy goal; (4) adjust current industrial policy; (5) establish reasonable water price system; (6) overhaul relevant laws and regulations, and build the customer-pay-fee system. Key words: water resources issues, politics water resources, administrative organization of water resources, sustainable development

Human right protection is a trend all over the world. Nowadays, there¡¦s no country that implements democratic constitution doesn¡¦t take Constitution as the basic regulation for human right protection, expecting to achieve the goal of protecting human right with the implementation of constitutional government. However, does human right receive absolute protection? Should conflicts occur between public interest and private interest, based on the consideration of public interest, restrictions shall be imposed on private interest. Fighting crimes to establish a society of justice, then there can be space created for individual basic rights. As progresses of the times and advancements of technology, techniques in collecting criminal evidences are renewed constantly. The more advanced high tech crime investigating instruments would have the greater inclination to violate people¡¦s rights. Although the society can¡¦t exist without controls to certain extent, an individual can¡¦t survive without freedom to certain degree, either. Communications surveillance, though a keen weapon applied to criminal investigation, would unavoidably clash with the maintenance of individual rights. High tech monitoring of communications surveillance would inevitably infringe upon personal privacy. As our society changes and develops rapidly, there¡¦s room derived for advancement and development concerning the delimitation of human rights protection and associated concepts. It¡¦s hoped that the problems dwelling in the legal system of communications protection and electronic surveillance of Republic of China can be examined based on administrative law, by means of its five frameworks, namely, basic principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision. Furthermore, it¡¦s expected that practical suggestions against items required improvement in existing legal system can be brought forth herein pursuant to the discourse of five major frameworks of administrative law mentioned hereinbefore to make the legal system of communications protection and electronic surveillance more sound and complete.

A década de 90 foi marcada em muitos países ao redor do globo por profundas transformações na administração pública com base na New Public Management, que buscaram aumentar a eficiência dos serviços prestados e racionalizar o gasto público, através da introdução de novos instrumentos de gestão no Estado e a aproximação da iniciativa privada. Processo este que ocorreu no Brasil guiado pelo Plano Diretor de Reforma do Aparelho do Estado. Na área da saúde este processo ocorreu principalmente nos hospitais, devido aos altos custos envolvidos nestas instituições que integram os sistemas de saúde. Um dos instrumentos introduzidos foi a publicização da gestão de serviços públicos por entidades sem finalidades lucrativas, pela contratualização de resultados, sendo São Paulo o estado onde mais se utiliza este modelo no país. Neste contexto, o presente trabalho tem como objetivo fazer uma análise da eficiência operacional dos hospitais públicos de grande porte que atuam no atendimento de alta complexidade no Estado de São Paulo, geridos pela administração direta e por organizações sociais via contrato de gestão, através da análise dos dados dos hospitais disponíveis nos portais da transparência utilizando o DEA e do conteúdo dos contratos de gestão firmados entre o poder público e as entidades gestoras pelo software IRAMUTEQ. Os resultados indicam que os hospitais geridos por organizações sociais apresentavam nível de eficiência operacional maior se comparados aos geridos pelo próprio estado. Entre os fatores encontrados citamos: a distinção no porte destas instituições, no volume dos recursos financeiros, na maior quantidade de atividades na alta complexidade, e o conteúdo dos contratos firmados, que apresentam metas e indicadores de qualidade para a avaliação dos serviços prestados / The 1990s were marked in many countries around the globe by deep transformations in public administration based on New Public Management, which sought to increase the efficiency of services provided and rationalize public spending through the introduction of new management tools in the State and the approximation of private initiative. This process occurred in Brazil guided by the Master Plan of Reform of the State Apparatus. In the area of health this process occurred mainly in hospitals, due to the high costs involved in these institutions that integrate health systems. One of the instruments introduced was the publicizing of the management of public services by non-profit-making entities, through the contracting of results, with São Paulo being the state where this model is most used in the country. In this context, the objective of this study is to analyze the operational efficiency of large public hospitals that operate in high complexity care in the State of São Paulo, managed by the direct administration and by social organizations through a management contract, through analysis of the data of the hospitals available in the transparency portals using the DEA and the content of the management contracts entered into between the public authority and the managing entities by the IRAMUTEQ software. The results indicate that hospitals managed by social organizations had a higher level of operational efficiency than those managed by the state itself. Among the factors we have mentioned are: the distinction in the size of these institutions, the volume of financial resources, the greater number of activities in the high complexity, and the content of the contracts signed, which present goals and quality indicators for the evaluation of services rendered

Cette étude porte sur l’étude du régime politique en Mauritanie, surtout au niveau de l’influence prépondérante du droit français sur ce régime. Une influence forte à la fois sur l’Administration centrale de l’Etat, sur l’Administration décentralisée au niveau local, mais aussi sur l’ensemble des institutions politiques.La première Constitution mauritanienne du 22 mars 1959, s’inspire directement de la Constitution de la cinquième République française, du 4 octobre 1958. En plus, de la mise en place d’un régime démocratique « à la française », d’un « Etat de droit » avec une séparation des pouvoirs. Cependant, cette influence du droit français sur le régime politique mauritanien,reste parfois limitée pour des raisons, à la fois d’ordre politique, culturel, économique, religieux, et social. Plusieurs difficultés relatives à l’adaptation du droit français sur le régime,et la prise en considérations des spécificités de la société mauritanienne, ont été soulevées dans le cadre de cette étude. En effet aucun « Etat de droit » ne peut être constitué sans le respect inconditionnel de l’ensemble des droits de l’Homme, sans l’application du principe d’égalité, de l’indépendance de la justice et la transparence en matière des services publics.Le régime politique mauritanien et même s’il est très influencé par les valeurs et principes fondateurs du droit français, reste un ensemble des règles d’origine islamique et de la « Chariaa », comme la plupart des pays arabes et musulmans. / This study is about the political regime in Mauritania, especially with regards to the preponderant influence of French law on this regime – a strong influence on the state’s central administration and on decentralized local administration, as well as on the whole of the political institutions.The first Mauritanian constitution of March 22, 1959 was directly inspired by the Constitution of the Fifth French Republic of October 4, 1958 – and the setup of a democraticregime « à la française », a « rule of law » with a separation of powers. However, this influence of French law on the Mauritanian political regime remains limited, for political,cultural, economic, religious, and social reasons. Several difficulties related to the adaptation of French law by the regime, and consideration of specificities of Mauritanian society, have been raised in this study. Indeed, no « rule of law » can be constituted without the unconditional respect of all human rights, and without applying the principle of equality,independence of the judiciary, and transparency in matters of public services.The Mauritanian political regime, while very influenced by the values andfundamental principles of French law, remains an ensemble of rules of Islamic origin and of« Sharia law », like most Arab and Muslim countries.

Networks are an increasingly common aspect of administrative life in almost any policy arena. In 1999 the health care industry created the National Quality Forum, a network administrative organization, whose founding mission was to improve American healthcare through endorsement of consensus-based national standards for measurement and public reporting of healthcare performance data that provide meaningful information about whether care is safe, timely, beneficial, patient-centered, equitable and efficient. The NQF is representative of a network administrative organization because it was created to address issues of health care quality in a new way by bringing together organizations from the public and private sectors and providing them with a forum to discuss and debate measures of quality, and ultimately, to effect change. The NQF thus represents a major administrative experiment in addressing health policy issues. In spite of the popularity of networks, little is known about a network manager's or, more appropriately for this dissertation, a network entrepreneur's critical tasks in creating a network administrative organization. The purpose of this dissertation is to present the results of an empirical study of the critical leadership tasks of the NQF's President and CEO during the NQF's formative stages. This dissertation identifies and conceptualizes three critical leadership tasks of the NQF's President and CEO: defining the NQF's mission, building and maintaining the NQF's social base, and creating the NQF's Consensus Development Process. In addition, this dissertation proposes a series of testable hypothesis based on these three critical tasks that can be used for exploring leadership in other NAOs. The findings indicate that leadership is crucial to the formation of a network administrative organization and fills a gap in our understanding of network management by developing the concept of network leadership and exploring the critical tasks a leader undertakes during the formative stages of building an NAO like the NQF. / Ph. D.

Various special operations of Taiwan special tasks guard often involve in violating citizens¡¦ life, freedom, property and privacy, and the principal legal basis for special tasks reinforcement agency only consists in the ¡§Implementation Regulation of the National Security Bureau Special Tasks¡¨ stipulated with the authorization of Article 11 of ¡§Organic Act of the National Security Bureau¡¨. Only that the said Measure lacks regulations concerning the launch requirements, enforcement procedure, and remedy channel of requisite inspection, control, and control area delimitation toward personnel, items, location, traffic, communication and other equipments in relation to safety maintenance and result in the common occurrence of ¡§Excessive Special Service Enforcement¡¨ or ¡§Excessive Control¡¨ and incur public complaint repeatedly. However, special tasks maintains the entire lifeline of a nation, for the safety of protected individuals is relevant to nation security and society stability. On the premise of insuring ¡§Absolute Safe ¡¨ of the designated individuals, how to achieve the balance with the demand of ¡§Principle of the Rule of Law¡¨ and ¡§Principle of Respecting Human Right¡¨ proclaimed by current constitution has been the 1st priority of Taiwan special tasks guard. Therefore, the problem in the legal system of Taiwan special tasks guard is hereby to be reviewed through the angle of administrative law with the Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy, and Administrative Supervision derived from the method and principle of Administrative Law. And to bring forth more specific advices against items that need to be promoted and reformed respectively in the existed legal system one by one, expecting to provide reference to policy decision making or legislative agency for future legislation, and therefore to establish a complete legal system of Taiwan special tasks guard to promote the nomocracy image of Taiwan.

This research asserts that all the government agencies must abide by law in the exercise of public authority in democratic society. This research is developed based on the view of administrative laws, under the Five Frameworks of The Administrative Laws¡XPrinciples of Sexual Harassment Prevention Act, Administrative Organization, Administrative Power, Administrative Relief and Administrative Supervision. Scholars from all over the world and organizations of public and private sectors have been endeavoring in research of sexual harassment prevention and attempt to put forward possible solutions. As one of the law enforcement officials, the researcher believes that it¡¦s an inescapable duty to see into this issue seriously. The scope of application, rights protection and relief methods of relevant laws should be defined clearly. Thus, it will relieve the trauma of those who suffer from sexual abuse, find proper solution and minimize the damage. The methodologies this research adopts are Comparative Analysis, Literature Studies and Induction Research. The preliminary chapters define the ¡§Sexual Harassment¡¨ and its relevant laws, introduce the three laws stipulated against sexual harassment¡XGender Equality Education Act, Gender Equality in Employment Act and Sexual Harassment Prevention Act. Further, the identification of sexual harassment and its lawful application, the problems which existing laws confront are discussed in the following chapters. Consequently, for those unsolved problems, this research wishes to bring forward concrete suggestion for the legislators, under the five aforementioned frameworks, as reference to amend existing laws and regulations in the future. Sexual harassment is by no means a single problem, but a collective issue of politics, society, economy, power/rights, gender and social classes. Therefore, the civilization and progress should be founded on the fair treatment of genders and protecting victims¡¦ legal rights. The attitude we take towards the gender issue will deeply impact our life and quality of human rights. To pay back the victims with the justice, create an equal genders environment will rely on the awareness of equality and attitude of life one builds up.