A Research of the Reform of the Governmental Structure

本研究的成果之一是对中央行政机关改革相关法律，特别是《内阁机关组织法》的制定和《内阁法》、《国家政府组织法》的修改进行理论考察。在那里，根据行政改革委员会的《最后手段》和《政府结构改革原则法》，审查了这些法律在一系列行政改革中的地位。这是我们逐条、协调地考察这些规律的结果。我们对《内阁法》，特别是强化内阁和总理以及所谓的“责任分配”原则进行了考察，同时考虑了行政组织论和宪制理论这两种没有相互沟通的理论。然而，这项研究正好是在这些法律生效的时刻。因此，我们应该更多地从理论上进行研究，并考虑它们在未来的应用。该研究的另一个结果是，对被认为是外围政府机构的政府特别法人和独立行政机关等公共法人和履行公共使命的民间法人进行了理论检验。首先，我们考察了任务分担或合作的可能性和条件，这是行政改革的前提。接下来，我们检查了这些公司的每一类是如何合格的。最后，我们对《独立行政机构共同方案法》进行了逐条审查。在未来，我们应该检查每个公司是如何合格的。

One of the results of this research is the theoretical examination of the laws concerning the reform of central administrative offices, especially the enactment of the Cabinet Office Organization Law and the amendment of the Cabinet Law and the National Government Organization Law. There, the position of these laws in a series of administrative reform was examined, in the light of the Last Resort of the Administrative Reform Council and the Law on the Principles of the Governmental Structure Reform. It is the result that we examined these laws article by article and coordinately. And we examined the Cabinet Law, especially the reinforcement of the Cabinet and the Prime Minister and so-called "assigned responsibility" principle, in taking into consideration both the theory of administrative organization and the constitutional theory which haven't communicated with each other. However, this research is just at the moment that these laws went into effect. So, we should examine theoretically more, with considering their application in the future.Another result of this research is the theoretical examination of public corporations, including special government corporations and independent administrative institutes, and private corporations performing public missions, all of which are regarded as peripheral governmental organizations. First of all, we examined the possibility and conditions about mission sharing or cooperation, which is a premise of the Administrative Reform. Next, we examined how each category of those corporation were qualified. Finally, we examined the Law on the Common Scheme of Independent Administrative Institutes article by article. In the future, we should examine how each corporation is qualified.