Always a higher power:
Hsu Hsin-chih points out that after any new laws or regulations are passed by a local "self-governing" area, they must still be sent to the next higher level for perusal. If the higher level determines that the resolution in question is in conflict with any law or administrative order issued by this higher stratum (including both formal legislation and administrative orders issued by bureaucracies), it can declare the resolution invalid.
Hsu believes that if one really wants to respect the opinion of local voters and the resolutions of local assemblies, there should be no interference unless there is a conflict with formal legislation. Moreover, whether or not there is a conflict is often a matter of dispute. in the interests of fairness, most advanced nations ask the Ministry of Justice or the courts to arbitrate. But in Taiwan the higher level makes the judgements. This means that one of the interested parties is also serving as the judge, which is naturally inappropriate. Unfortunately, the new Self-Government Law has not yet altered this situation.
Hsieh Chin-ting, director of the Department of Civil Affairs in the Taiwan Provincial Government, offers the following example: When Premier Lien Chan was provincial governor, in order to assist farmers and realize the ideal of the "prosperous and beautiful farming village," he repeatedly asked the central government to raise the purchasing price for rice and to increase the amount purchased. The rice purchasing price problem was finally resolved only when Governor Lien became premier.
Just as the province is in the grip of the center, so the counties and cities are under the control of the province. Lin Po-jung, the Taichung City mayor, who has often convened task forces of city and county chiefs to explore how to strengthen local autonomy, still feels perplexed and annoyed at rules which require the counties and cities to get the approval of the provincial government even to buy a vehicle or to send a staff member abroad for an observation trip.
Don't ask, just act:
Lin Po-jung goes a step further and notes that because there is no clear, written declaration of what the limits to the autonomy of a city or county executive are, on many occasions, "when the county government reports what it wants to do to the provincial government, it may get a different response from the one that it got the year before. Whether or not something is approved depends to a large extent on the arbitrary choices of the person in charge of the case, or on personal connections."
With this in mind, after Lin again became mayor of Taichung, anytime he came across a situation where something that he wanted to do was not expressly and clearly forbidden, he would just take it upon himself to act; he no longer asked for approval for each and every matter. For example, more than three years ago Taichung City instituted an unemployment relief fund. They did so based on the stipulation in the "Outline for Self-Government" that "county charitable affairs and social assistance" are items that fall under county self-government. The results were so good that the Council on Labor Affairs called him in for consultation.
"Of course, we were only able to do it because Taichung City's own tax revenues were sufficient, and we didn't have to hold our hand out to the provincial government. But at that time if we hadn't just dared to decide on our own, and had first applied to the provincial government, I'm afraid we never would have pulled it off," says Lin. It's hard to miss the self-satisfaction in his voice.
Hsinchu City executive Tung Sheng-nan, who has finished first in repeated public opinion surveys on the degree of satisfaction with government officials, presented a comprehensive plan to the higher levels asking for funding. Lin Sung, director of the county government secretariat, relates that Tung set targets of "establishing one public park every two months," and "one public school each year," with an estimated maximum class size of 40 children. "The central government has a maximum of 48 students, but if the locality can do even better, then why not?!" wonders Lin Sung.
Su Chen-chang, chief executive in Pingtung County, "sneaked out ahead" even before the Ministry of Education approved of bilingual education. With an eye to the many ethnic groups in Pingtung, he initiated bilingual education simultaneously in Taiwanese, Hakka, Rukai, and Paiwan (each in combination with Mandarin Chinese), getting quite a response.
Few city and county executives would deny it: "You can only win if you seize the initiative." In particular, in the eyes of the voters, the more aggressively executives struggle, the more ambitious and responsible they seem. The "Chen Ting-nan effect" has been pervasive. The passive attitude of executives of old, who "had no money, had no power, and were happy just to while away the time," can no longer satisfy the electorate.
The people are the best judges:
"Affairs are decided by men." One provincial government official says with the eye of an objective observer, "Many cities and counties have never been managed with real dedication, so if someone with determination comes along, it isn't necessarily so difficult to turn a county around in a four-year term." He contends that the central government now fully comprehends the importance of devolving power and implementing local self-government. For city and county executives who really want to get things done, this has been a shot in the arm.
To come back to where we started, if localities get the manpower, the money, and the power, can they truly achieve the goal of "managing themselves and taking responsibility for themselves"? No one dares say. Many scholars, even as they extol implementation of local self-government, are also concerned about the declining quality of local government. With local governments often under the control of moneyed interests, local political machines, or even gangsters, what will self-government really look like?
"There's no need to be overly concerned about this point," says Kao Yu-jen. There are talented people at the local level, and with the spread of education and the availability of information, the voters have the ability to compare and judge. "The election for city and county executives every four years is the judgement."
Hsu Hsin-chih says straight out that if you don't trust people at the local level to govern themselves, then you shouldn't even bother to talk about local self-government. But Chen Ting-nan argues that a change of attitude is urgently needed. He emphasizes that the government at each level has been granted its power by the people under its jurisdiction to handle local affairs. Thus the relationship between higher and lower levels of government should not be one of "subordination" or "supervision," but of "equal sharing of powers" in a "cooperative division of labor." The work of supervision is for the media and the voters. But many scholars suggest that the central government is still using the jargon of "supervision of self-government" in the new draft Self-Government Law to impose limits on the localities. This attitude needs to be revised.
Local self-government is approaching a watershed moment of codification. The bill is currently in the Legislative Yuan awaiting deliberation. But there is still quite a way to go before it can be decided how to amend it to make it a positive, beneficial law, and how to truly realize it in practice.
[Picture Caption]
p.76
Merely a bridge apart, these communities are separated into two different administrative areas, enabling their chiefs to display different styles and blueprints for construction. The people will serve as the best judges of what is better. The photo shows the Chingmei Bridge linking Taipei City and Taipei County.
p.78
The Taiwan Area Athletic Meet, held annually, is an opportunity for the host city or county to receive large subsidies from the central government, so all of them compete to capture the games. This year Taoyuan County spent over NT$2 billion for its facilities.
p.80
In 1946, the First Provincial Assembly was established. Some of the members were elected, some appointed by the central government. They left this precious commemorative photo from the site at which the assembly then met (on what is now Chuanchow Street in Taipei City). (photo courtesy of the data center of the Provincial Assembly)
p.80
Provincial Assemblymen generally make their names through their style in interpellations, and government administrators never take interpellations lightly. But when it comes to the power of legislation, the Assembly has not functioned effectively due to a variety of limitations.
p.82
In the village and neighborhood assemblies, the residents can speak out to their hearts' content. On the one hand this solidifies community spirit, and on the other it provides training in democracy. This is the first step in implementing local self-government. (photo by Diago Chiu)
p.83
The Current Structure of Local Government in Taiwan
*Local government within Taiwan currently has a four-tier structure. Terms printed in blue refer to administrative areas with the status of Self-governing legal entities. The figures in parentheses are the numbers of each type of administrative unit.
(chart by Lee Su-ling)
p.84
The year-end elections for county executives are upon us. The candidates strive to get the support of their constituencies, but can they get local autonomy and govern well?