地方政府煤矿管理权的下放及其对区域自治的启示

Dolot Alhasni Bakung
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引用次数: 3

摘要

根据1945年《宪法》第18条第2款的授权,该地区有权独立管理和管理其领土。其中一个这样的权力是管理自然资源在这个例子中进行煤矿开采。根据《Minerba法》对煤矿的管理使区/市政府有权进行管理。同时,《地方政府法》规定省政府也拥有这一管理权。这就产生了煤炭管理权限的二元论,产生了规则之间的矛盾。本文研究的问题是:第一,区域自治视角下的地方政府煤矿开采管理现状如何?第二,地方政府目前的煤矿开采安排意味着什么?研究结果表明,由于区/市政府的权力产生了各种问题,因此根据《Minerba法》将区/市政府的采煤权移交给基于《区域政府法》的省政府是合理的。然而,这一事实使煤矿管理权力处于二元化和不协调的状态。这种二元论对中央与地方政府之间的权力关系格局、中央与地方政府之间的财政管理以及中央与地方政府之间监管权力的划分产生了影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Unraveling Authority of Coal Mining Management by the Regional Government and Its Implications for Regional Autonomy
The region has the authority to manage and regulate its territory independently based on the mandate of Article 18 paragraph (2) of the 1945 Constitution. One such authority is to manage natural resources in this case conducting coal mining. The management of coal mining under the Minerba Act places the district/city government in authority in its management. Meanwhile, the Local Government Law places the provincial government also in possession of this management authority. This gave birth to the dualism of regulation in terms of the authority to manage coal, giving rise to a contradiction between one rule and another. The problem in this study is First, how is the condition of coal mining management by local governments in the perspective of regional autonomy? Second, what are the implications of the current coal mining arrangements by the regional government? The results of the study showed that coal mining authority from the district/municipal government under the Minerba Act then was transferred to the provincial government based on the Regional Government Law was reasonable because of various problems that arose from the authority of the district/city government. However, this fact puts the authority of coal mining management in dualism and disharmony in its regulation. This dualism has implications for the disruption of the pattern of authority relations between the central and regional governments, financial management between the central and regional governments, and the division of supervisory authorities between the central and regional governments.
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