The corruption of the executive power of mainland China, it is a serious problem whether from an internal perspective and an international perspective. In fact, China has also sum up the past historical experience, establish the anti-corruption work "institutional anti-corruption" as the target in 2002, then transform the high tension anti-corruption campaign in the traditional, into more rational, objective legal system anti-corruption construction. However, under the relevant system of existing, too numerous details of the corruption-related systems, resulting in the effectiveness of anti-corruption construction. China must be through a series of legislative work to develop rules and processes, it means to be completed by the integration to rationalize the anti-corruption laws and regulations of existing, more systematic, so that the anti-corruption work to more systematic operation to the overall the goal of anti-corruption construction ¡§the system of corruption¡§ in 2012.

La tutelle administrative sur les universités mérite une attention particulière en raison de son statut et de sa tonalité très particuliers. Elle recèle une part de mystère qu'il faut lever pour bien en comprendre les enjeux. D'un côté, la tutelle sur les universités est, sur bien des points, justifiée et légitimée par des traditions et des pratiques anciennes ; celles-ci souvent contradictoires avec la lettre des textes qui la réglementent, d'un autre côté, la tutelle répond à une finalité classique du droit administratif : assurer un contrôle de la décentralisation. Le pouvoir de tutelle sur les universités est déconcertant car cette notion, imprécise et indéterminée, est au centre d'intérêts, a priori, divergents. Alors que l'autonomie des universités et l'indépendance des universitaires semblent militer contre l'existence et l'exercice d'un pouvoir de tutelle, la préservation des intérêts du service public et de son unité est, au contraire, favorable à l'existence d'une tutelle sur les universités. Ainsi, la tutelle universitaire se dévoile sous un jour inattendu qui manifeste son ambivalence : à la fois protectrice, face aux universités, de certains intérêts généraux, et protectrice, face à l'Etat, de l'autonomie universitaire. / The administrative supervision of universities deserves a particular attention due to its status and its very particular meanings. It reveals a part of uncertainty that should be analysed in order to understand the stakes. On one hand, administrative supervision is on many points justified and legitimated by ancient traditions and practices; these often contradict the letter of the texts that regulate them. On the other hand, the supervision answers a classic purpose of public law: to ensure a control of decentralisation. The supervision power over universities is surprising because this notion, imprecise and undetermined, is at the centre of a priori divergent interests. Whereas the autonomy and independence of universities seems to militate against the existence and exercise of a supervision power, the preservation of public service interests and unity is, on the contrary, in favour of university supervision.Thus, university supervision has a new meaning, which underlines its ambivalence: it protects both general interest against universities and university's autonomy against the state. A double movement is therefore initiated, which sees university law irrigating public law and the latter irrigating the former too.

This diploma thesis on the topic "Administrative supervision of advertising" deals with regulation of advertising with focus on specifics of the administrative supervision and provides a comprehensive description and analysis of current legislation (substantive law and procedural law). The thesis deals with general rules laid down by the legislator for the content and distribution of advertising as well as special rules related to specific products. These products are: alcohol, tobacco products, medicinal products for human use and food. Legal regulation of these products is highly complex, strict or otherwise legally interesting and also often appears in the decision-making of administrative courts. The description and analysis of current legislation shows its complexity which is based on the ambiguity of interpretation resulting from the vague legal concepts. This ambiguity and uncertainty has an impact on the practical application, which is demonstrated by a number of practical examples and selected case law of administrative courts. Following the description and analysis of the rules of advertising, this thesis focuses on the specifics of administrative supervision with emphasis on deviations from the general rules. Attention is focused mainly on the definition of the powers of supervisory...

This study was designed to address teachers' difficulties implementing Response-to-Intervention (RtI) program strategies at a low-performing school in south Texas in response to students failing to meet statewide assessment standards in reading. This exploratory case study investigated the perceptions of Grades 3 and 4 teachers to assist in understanding a pathway to increase higher fidelity of RtI implementation and improve student academic performance. Knowles' theory of andragogy and Lewin's change theory provided the framework for the study. The study included interview data from 6 purposefully selected Grades 3 and 4 teachers supplemented by document reviews of professional development (PD) presentations and RtI implementation policies. All data were analyzed using comparative and inductive analysis and coded into 7 emergent themes. The findings included the need for administrative supervision, a lack of RtI fidelity of implementation, and a need for PD focusing on interventions and organizational tools. The project, which was developed based on the findings and literature review, includes opportunities for learning and participating in campus RtI planning to gain support for the program, attending district-approved PD sessions to assist teachers' techniques to improve student performance in reading, and training in specific RtI progress monitor reporting to document use of the various interventions for individuals in the classroom. By ensuring that students receive RtI instruction that is designed to meet their individual academic needs, the project may help the school district decrease referrals to special education and improve students' reading abilities.

The electronic game business can not develop well as other emerging industries. Through the analysis by the five major frameworks of administrative law, it is that our society always be not trust about the electronic game shop which cause corruption and crime. However, even the government see the economic adventure of the electronic game business to promote development by raising the important policy of the Six Key Emerging Industries including the electronic digital game business development, that want to come up with Japan and Korea. But it ignore the electronic game shop, that the people still feel no good about it. The local governments also avoid it to follow the public opinion. In addition, the central government seem to have no feeling about the local problems of the electronic game business. Though our government want to improve the policy of the management through the history of the electronic game management, but the solution is temporary not permanent, so it is not enough about the management system. By the research, we can find that enduring the electronic game will reduce the development and employment opportunity, and it will cause more serious society problems. So the government should give judicious guidance according to circumstances, reasonable and efficient management. In this way, the electronic game business will be not only a leisure tool, but also an industry with more economic value. The electronic game business will be the soft power and endless development according to the information technology in Taiwan.

Abstract To build the clean government has become a new trend of the political reforms all over the world, and an important symbol of high national competitiveness. In order to establish people¡¦s trust to the government and ensure public servants done their duty justice, Act on Recusal of Public Servants Due to Conflicts of Interest (ARPSCI) is enacted to protect the value of democracy and the foundation of ethics and also implement the accountability. With the social changes and the evolution of democracy, ARPSCI has been implemented during the past decade since July 12, 2000, and there are a lot of issues waiting for solutions. This paper studies on ARPSCI by five major principles of administrative law, and collects data from newspapers and literatures. It reveals the policy-making background of ARPSCI through prospects of society, economy, politics, and legislation. Furthermore, the author compares Taiwan¡¦s legislation with the other countries¡¦ conflict of interest systems, and reviews ARPSCI by the three principles of rule by law, the seven principles of due process; identifies the purpose and value of ARPSCI by the viewpoints of the local self-governing and the individual¡¦s participation. As mentioned above, this paper clarifies the orientation and value of ARPSCI; then discusses about the design of administrative organizations, staff, and budget to support ARPSCI. It also researches whether ARPSCI was designed properly for good performance under the review of nine kinds of administrative authority. Moreover, it discusses whether ARPSCI¡¦s remedy procedure is proper, and advice to improve self-control function of the act. In short, after analyzing completely, it finds that ARPSCI has lots of institutional problems in the dimensions of basic principle, administrative organization, restriction of administrative power, administrative remedy, and administrative supervision. Therefore, in order to meet people's expectations and construct a fair conflict of interest system, the author proposes personal suggestions.

In terms of the ¡§basic principles¡¨ of the Free Independent Travelers program(FIT), we need to notice that it is the very first and fresh contact in the cross-straits with the friendliest cooperation. With the change that given by FIT to rebuild the mutual trust between two nations, instead of labeling the ¡§evil nature¡¨ on the people from mainland, the government should remove the discriminative norms and regulations from FIT immediately. In the perspectives of the Constitution and the International Covenant on Civil and Political Rights of UN, the right for people to have the freedom of mobility should be safeguarded. Internally, the authority should be delegated to local governments to enhance the potential benefit from few private and affluent enterprises and Taiwan-based business in China to the local economy with a greater profit. From the aspect of ¡§organization,¡¨ shortening the administrative process is the priority to reduce unnecessary red tape. Ma¡¦s administration attempts to establish offices in different fields in the cross-straits by ¡§building blocks¡¨; however, a more ¡§comprehensive¡¨ service organization is more needed based due to the reality. If this kind of organization can be set up in the important cities in China, FIT applicants can apply the grogram, including ¡§application, submission and receiving certifications¡¨ by a single window. It can not only reduce the cost and the possibility to be exploited for applicants, but it also can force the government to eliminate transferring the unnecessary risk of the possibility for Chinese travelers¡¦ staying illegally to the tourism industry in Taiwan. In relation to ¡§authority,¡¨ the policy should incline to ¡§soft law¡¨ for promoting FIT with ¡§management¡¨ rather than ¡§protecting with strictness.¡¨ If there is a conflict between authority and basic principles, related administrative problems may be even harder to be processed, let alone putting effectiveness of organizations into full play. Regarding to ¡§remedy,¡¨ a comprehensive arbitration mechanism, or an integrated system of mediation for dispute and remedy, is a must for FIT. From the premise of a mutual consensus to make it work effectively, instead of post-incident remedy, pursuing the quality of travelling by ¡§risk management¡¨ is more important. After all, the remedy in current society is so limited that it only covers the mediation for the dispute of product consumption and purchasing. In terms of ¡§supervision,¡¨ related source of law should be made by ¡§legislative sector,¡¨ so that an ¡§internal controlling¡¨ mechanism can be set up while part of the legal system is unable to be intervened by non-executive power, including president¡¦s power. Moreover, the set up of this mechanism should imitate the evaluation for universities. Professional scholars should be invited to do the evaluation, and by way of selecting random case or lot drawing, the power of the president can be redressed. Based on the divisions of responsibilities between administrative and legislative sectors, the ¡§interior controlling¡¨ role that the Congress plays, still, should not infringe the executive power of legislative sector. Nevertheless, it should reinforce practical supervision and identify what the object should be. From the aspect of ¡§exterior controlling,¡¨ an unofficial and professional organization should be established, so as to assist the integration of a comprehensive plan and supervision assessment. The pressure that media puts on the government is limited, not to mention correcting exterior supervision instantly; however, if the assessment can be submitted to Legislative Yuan from time to time, it might leave pressure to the administrative sector, so that the problems can be redressed.

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.

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.