Engine (law)
The engine (Germany which does not work: Organ) as the legal term is a concept in German law and the Japanese law and says one or plural people performing decision making and an act for a corporation. It is the expression that I likened to the organ (Organ) of the creature. In addition, as laws and ordinances term, (National Government Organization Act) that may be called "an engine" referring to the organizations such as ministries and government offices does not treat it about this term in this clause (I refer to an administration.) .
Table of contents
Summary
Because the corporation is only a legal idea, I cannot do decision making and an act in a natural meaning as such. It is one or plural people having such an authority to really carry this, and an engine means this. A medium includes the thing (German job organization) of the single system and the thing (council system) of the representative system.
Engine in the privacy law
An organization is established in every corporation and takes decision making or the duties execution, the inspection as the corporation. For example, in the company in the Japanese law, the board of directors or a general meeting of stockholders are put a representative director or an inspector as a council system as a German job organization.
Legislative organ
I vote for the basic matter of the corporation, and the engine which I do not carry out is called a legislative organ. By the, Japan method, I say a general meeting or a general meeting of members in a general meeting of stockholders, other corporate judicial people in the company.
The best engine and all-around engine
The general meeting of stockholders of the company was the best engine or, in Japanese law, was discussed whether it was an all-around engine historically. With the best engine (oberste Organ), decision of the engine concerned usually points to the thing restricting any other engines about matters belonging to the decision authority among engines. In this sense, the general meeting of stockholders is the best engine of the company. The all-around engine refers to an engine having decision authority about every matter. In this sense, the general meeting of stockholders of the company which does not set up at least board of directors is an all-around engine of the companies. There were some differences, and I was confused, and the implication of these words might be used in fact by a debater. In any case, not the thing which some kind of conclusions are led to by these discussions, indication that this discussion becomes a thing of the past is accomplished in today.
(duties) Executive organ
I say a medium taking the execution of duties based on the place where the legislative organ was decided with an executive organ to duties executive organ. I may say a director engine. If a director (when I set up the board of directors a representative director, duties charge director), the board of directors or an executive is a nonprofit undertaking corporation if it is a Japanese company, Director representative and the chief director, a director, the board of directors correspond to this.
Supervision organization
I call the engine which considerably supervises the nature of the execution of duties a supervision engine. If the board of directors is a nonprofit undertaking corporation if it is a Japanese company, the board of directors corresponds to this. In two levels types Co., Ltd. such as Germany, in the board of directors as the executive organ, the supervisory board as the supervision organization is separated, and the director is elected by supervisory board.
Audit system
An engine inspecting legality of the execution of duties is called an audit system. If an inspector, supervisory board, accounts inspector, checkup committee and accounts advisor is a nonprofit undertaking corporation if it is a Japanese company, an inspector or accounts inspector correspond to this. But, about the accounts inspector, the opinion to deny engine characteristics exists by the reason of the thing outside the corporation.
Engine in the basic chart
About the country or other state and local public bodies, it is resigned an organization taking the decision making and act.
Legislative body and administration and machinery of law
Legislative body
The engine which assumes office work about the legislation action a main duty is called a legislative body. The Diet is the only legislative body of the country in Japan.
Support organization
Imperial Diet was a legislative body, but I did not have a legislative power only in it and, in Japan under the Great Japanese Imperial Constitution, was placed as a support organization about the legislative power of the Emperor. In addition, it was similar about the budget.
Administration
In the administrative office principle of law theory, I say an engine taking office work about the administration in the state and local public body as the country or other administrative main constituents with an administration. It is necessary to note that it is a concept unlike the administration in the National Government Organization Act. The administrations in this meaning are classified in six kinds of an administrative agency, a consultative body, a participation organization, an audit system, an executive organ and the subsidiary organ.
Administrative agency
I decide administration-based legal intention, and an administration having authority to display outside is called an administrative agency. I am used in a scene of the use of authorities. The administrative agency (the administrative agency which, i.e., is a government office) of the country in particular is called an administrative office.
- A single system: The Prime Minister, each minister-saving, each Secretary of agency, prosecutor, prefectural governor, most administrative agencies including mayors, town managers, and village headmen.
- A representative system: A cabinet, the National Public Safety Commission, the Fair Trade Commission in the country, the Board of Education, board of elections, the Public Safety Commission in the local public entity including the National Personnel Authority.
Consultative body
I receive a question from the administrative agency and discuss it and investigate it, and an administration to report an opinion in detail to is called a consultative body. It is usually a representative system. Various council, investigation committees (Investigation Committee for public employee system). The opinion of the consultative body does not have the legal binding force, but it is said that you should be respected as much as possible.
Participation organization
An administration voting for restricting the intention of the administrative agency legally is called a participation organization. It is a representative system. Radio Regulatory Council、Prosecutor qualified examination committee、Labor insurance examination committeeなど.
Audit system
I inspect the handling of office work and accounts of the administration, and an administration inspecting the propriety is called an audit system. The Board of Audit、Checkup committeeなど.
Executive organ
Administrative forcible execution or an administration forcing it immediately is called an executive organ. It is necessary to note the distinction with the executive organ of other meanings. Self-defense official、Police officer、Marine peace officer、The tax collection staff、Staff of fire stationなど.
Auxiliary engine
An administration in pursuance of daily office work is called an auxiliary engine to assist the duties of administrative agency or other administrations. Most of members of general office work correspond from Senior Vice Minister, an undersecretary, a chief of the bureau, a section manager. But there is the thing serving as the character as the administrative office like ex-personnel affairs, pension chief of the bureau.
Adviser to the Throne engine
Under the Great Japanese Imperial Constitution, each Minister-saving to cabinet which were an administrative office were placed as an adviser to the Throne organization about the administrative power of the Emperor. About the significance of "the adviser to the Throne", there was the opposition of a divinity school to assist you for the use of the administrative power by merely Emperor and the constitutionalism school in acknowledgment of substantial binding force.
Machinery of law
The engine which assumes office work about the judiciary action a main duty is called a machinery of law. In Japan, there are the general (as the later trial organization) court, executive officer, Court of Impeachment. The public prosecutor under the old law was a machinery of law, too. Among machineries of law, I decide the legal intention of the country, and a thing having authority to display outside is called a court. In addition, I often use the term "machinery of law" in the meaning (i.e., the courts as the government agency) as the organization not the meaning of "the organization" saying to this clause.
Trial organization
An engine trying is called a trial organization. In the court of plural is important, but is often used in the meaning as the trial organization. In this case I point to the court as the independent body by one judge examining a concrete case in a court or the consultation body by several judges, and it is necessary to note that it is the meaning that is different from the court as the government agency and the court as the Government building.
Executive organ
For a trial organization trying, I may use the word of the executive organ in the meaning engine carrying out a trial. In Japanese law, the executive organ of the civil affair execution is a court (about the small suit credit execution a court clerk) and an executive officer (Civil Execution Act Article 2, 2 Clause 1 of Article 167), and the executive organ of the civil affair maintenance execution is a court and an executive officer (civil affair maintenance method Article 2 Clause 2).
The best engine
Like the case of the engine in the privacy law, I may call an engine having decision authority to restrict any other engines with the best engine (oberste Organ). For example, the Tenno-as-an-organ-of-the-country theory placed the Emperor assuming a national corporation theory under one of Great Japanese Imperial Constitution as the national best organization as the corporation and did it when only the engine which the administrative office received commission from the Emperor not an engine (direct organ) to carry national office work on directly closely, and used authority (indirect engine). In addition, Constitution of Japan Article 41 assumes the Diet "the best engine of the national power" [1], but, according to the common view, this is understood as a political eulogistic name not the meaning of the best engine here.
State organ
The engine of the country is called the state organ (Staatsorgan).
Government office
I say an engine having authority to decide the intention of the administrative agency of the country namely the state, and to display outside with "a government office". There is a classification such as a single system government office and a government office on a council system, an administrative office and a court, a common government office and a special government office, the central government office and the local government.
Legislative organ and executive organ
About an ordinary local public entity in Japan and the special ward, the classification called a legislative organ and the executive organ is carried out.
Legislative organ
Like the engine in the privacy law, the engine which I vote for a basic matter and do not carry out is called a legislative organ. An ordinary local public entity and the assembly in the special ward correspond.
Executive organ
An organization taking the execution of administrative affairs based on the place that the legislative organ voted for is called an executive organ. When I point at an ordinary local public entity and a chief and a committee, the committee (i.e., the administrative agency of the ordinary local public entity) in the special ward, I am used. I am almost equivalent to the above-mentioned administrative agency, but the checkup committee who is an audit system is included.
Allied item
Footnote
- ^ is historical and is expression to come from a painful (e.g., the Diet had authority to reexamine judgment of High Court of Justiciary about the constitutionality such as laws and ordinances except matter about fundamental human rights) thing assuming British style assembly sovereignty at the stage of the GHQ draft.
This article is taken from the Japanese Wikipedia Engine (law)
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