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MUNICIPAL GOVSRflEHT BJ JAPAN
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WfllCIPAL GOVERNMENT BI JAPAK
The following outline has been abstracted frost anof munlolpal government In Japan in the Horltau Oykw Jiten (Dictionary ofdition, Volume IT,. This publication is tbe standard legal dictionary in Japan and the discussion of municipal governmentoncise description of its organisation and function.
insofar as possible, the phraseology and order ofof subject matter i. the original text has been followed. The translation of mura and son aa "township"teed of theaccepted "Tillage" has been followed throughout the outline, since the geographical lmpllcatione of the term "township" are more in aocord with the Japanese governmental unit referred to. Also, "head" has been used throughout, rather thannthe Japanese character cho, as the sane tore (in Japanese) la used for the chief officer in all types of municipal government.
Ths only additions haveew explanatoryunclosed In bracketsupplementary note indicating the meant changes.
NMEHT IH JAPAH
Outline ahnt.racwlvritflUM (Dictionary of Jurisprudent
,Aall toe primary units of local
as city and UwnshlpTtslegal person. In this respect it differs from the prefecture, which la solely anunit. For some purposes,the headunicipalityas an administrative agent for the national sod prefectur.1
. l characterlaticsunicipalityesidents within theha existencehe area. Like other legal persons aits .aai pane which cannot be.changed without the consent ofgovernnental unit, < ,
o1r between the nation-
al and local government over certain municipal areas. Lsm pertaining to cities and their organisation are .ewwhat different fran those
Hirers AMD CITIZENS OF MWTCrPALTTTPS
loipally aanaged enterprises. Con-
tT *in municipalemitted to use thamay obtain
hav-extend.all personawho are doing bueinee.
inatin,ha rightTi^ Japan;
for -ore than two rear.. ThTT
can be waived by tha municipal es-
paJ roaid*nce is openbiddm tarieanand has not repaid hi. creditors,
Jor private charity,ho has nof
the eSxTljITh-Krtlt8rcitiaenshlp by virtue of
irth,'nn!re' thePB ara in'ttTidaala who although having
, asune Publlo office without salary, or have de-tC dUoaewg. civic dutiea, way beheir
not permitted to take part in municipal activities.
c" Rights and Dutiea of Cltl^,.
lfci3enloand to be
10for "oittsen" ni.^Tne for^S*
this sectlc^ fcS^^T* "fl'lP^ity who are described in
The principal organsunicipality arc thshas legislative functions, and the office of thewhich is an administrative agency, ity has abody, the city
A. Ths Municipal Asansbly.
ESBOCS.* The municipal asasnbly is the principal rep-
"SJ " body (IsMklkan)
in the nunicipality. Its chief powers are legislative, although other types of powers are given to it as well.
legislative Powers. The municipal assembly may leg-
islate in accordance with national laws and ordlnancea. It doesconsulting other agencies and is not subject toUTtefectural and national supervision ar. fenumerate taportant fields in which
S^ri^ief aunlclpel or-
dinances, budgetary -attars, levy of taxes, overseeing of property, etc.
^delegated to U,
ijC other affaire of the municipality, because it is the primaryloipal agency for expressing the public will. However, the assembly
, leKl,UUthose matters which arecooncii /In the caa.
h..ri.or the laws is left up to the municipal ii
hoadi the asseably does not attempt it.
Formerly, the power of municipal aesaablies to introduce Mils was contested but Urn issue was aettUd? by national
could institute all types or bills, save those pertaining to the
of Settling Pisputoa. Assemblies have the
EinMn^carding the condition of election rolls, balloting and elections, and refusals to accept elaotfve tJTftoe.
MhlP" concerningby their municipal assemblies. Too and
"bating to protests on salaries,
md othor tTPes of pay.in cities the ^in such cases la for ths Vr ?^ rotest with the municipal head. In such
lwaf8 bo taken to the higher
. c- tB Elect Certain Officials. The municipal
SSfiL^ f8o olact "rtaln of'louls. This is Thus ithe municipal head;of the municipal council for8tose cm. -here there is no muni-
Tha duties of toe aasoinbly chairaanjourning the laaatinja, prssidins over the sessions, determining the agenda,reaarvins order en the floor. Re iaertain Measure of police poiiex to enable hin to uccouplish this.
'JsCicd cf Voting. Tbe method of voting in thessemblyers sonetthat from that of the Diet. Any number of neabors over one-halfjuorum, and deolslon Id by najority vote. Tho chalroan isi entitled to vote in caseie, Kosever, in tha oaseity asseably, the presidentauber of the aaseably)ote of his own.
aarton end bdjM of JMseM af asembiies.
a. r wwlYnoii- Tha number of aasenblynen in moudoipalitiea lo proportionate to the population. Towns and town-whipsopulationave an'asaemblyinimum of twelve members, and towns0 and over have aa upper limit of thirty waters. Cities0 also have an assembly of thirty Dashers, and tha accepted number for oltioand over Id forty-might aenbere, although there is no maximum for oity aaoeahliosy law.
The above figures are not unchangeable, and at thaeneral election ia at hand, if extreno change* ia population have occurred, revisions in the number of assemblymen may bo made by the proper govornment supervisory office.
o. flwmhlsb npA Eligibility for Elootlon. all oltltons of tho municipality have the right to vote for Bombers of theussoinbly oxcopt those who havo boon deprived of tholr right* of oltiaenship, or who havo boon conoorlpted into military aervioe /as daeerlbod abovo/.
Itundamental rule that all eltlsens are ellglblo for ilootioa to the aasombly, but thereos oxeoptions. Aa thoro aro obataoloa to tho participation in campaigns or lo thof tho aosuuibly by procurators, polioo, tax-oolloctors,hoy aro donlod tho right of balng olactcd. Furthermore, salariod municipal officials or thoeo holding Joba connected with oloctione aro liJcondBo inollgiblo,
Tho following individuals, while mot disqualified from standing for oloatlon cannot tako office as long aa thoy bontlnuo in tholr positiona, (l) ealariod officials of thoohoolthers who rocoivo funds from aunicipall-tioajorsons who uanago bualnossas whlohiroot financial coanocUon with tho city by contract or In other ways.
In addition, no official of the ^national and prefeoturej7 govornuent can bold the office of anoemblynan without the consent of hla auperior. Unless this atatement of ooneent is givenertain nerlod of tine after tho election, it ia proouned that the offioial /whouocaaaful candidata/ has resigned hia post.
e. Election Areas. The general rule is that municipal assemblymen are not elected separately by subdivisionsunicipality, but from tha nunlolpaUtyhole. However, an exception la nado in tha oase of the three large olties, wherein votlns is dona by warda. Other citlea can adopt this system by legislation.
Composition. The city council Is made upouncil cn-crumber of councilman who serve without salary. The' chief Is the city head. In the event of his Incapacity a- deputy acts for
There are ten councilman, although in the six largesthe number is increased They are elected fromthe assembly, on alternate years.*
Power of convocation rests with the city head, but ifhalf of the coshersoeting,city head iscall
owers. Ihe powers of the city council are limited. It can act upon all matters within the Jurisdiction of the assembly only when an incoming assembly has not convened In times of emergency when it cannot be called together. In all oasei the oity head must Initiate measures. .
Csi normal, pecasions, the assembly's general powers ofand investigation are not delegated to the council and the ooun-cll has merely tha following powers, I) It say sake certain decisions, as for example, in the case of protests concerning the payment of fees, traveling expanses, or salaries, and concerning the levying of oity taxes and other burdens. t may.extend the time of payment of taxes beyond tha current year. t may borrow money temporarily. U) In addition, the council may present written advice to the competent authorities, instigate litigation, and appeal from judicial decisions.
Rules of Meeting.- The meetingsity councilsimilar to those of the aasenbly but they are not open to
C The Headunicipality.
1# itlojl flnd Authority. The chief function of the headunicipality is to adr.inistcr"municipal affairs. In addition, he represents the imuiicipallty in any matter oennected with outside groups. In cities he convokes and dismisses the asaettblyj and In towns and ownships he Is the presiding officer.
ifis more important powers are to present bills to theaaacsbiy and the city council; and when they are passed to assume the overflight of their execution; to regulate municipal finances; to direct municipal establishments, to supervise accounting; to levy and collect village taxes; to control and direct municipal officials. In some cases these powers are vested In the office, while In other cases, they are assumed only with the consent of the assembly.
In addition to the above powers, others may be leftthe head by vote of the assembly or oity
The assembly and council are indapendant of the head, and he cannot interfere with their decisions. However, he may return for reconsideration decisions voted by the assembly which In his opinion are illegal, inappropriate, or impossible of execution; or whichor reduce essential expenses approved by law. In special cases he need not submit such matters for reconsideration, but can carry the problem to the higher prefecture! council or the prefecture! governor ana askecision directly. The right of re-submlssion is limited to legislative matters end does not extend to protests or disputesby the assembly.
- ii ->
AMP FUWCTICHS OF WWICIPAIJTIFS
,.tafft^ legielatlve and executive Municipal Leftialattvh
which are binding upon the
abolition, or revision of municipal reg-
^peoifio situations concerning SJS S% a? and beyond the jurlf-
eoembUea; Exaaplea of theae-hange in the
ra1BiatXbf%hf1offihMd'salaries or co.rn.lss ions,
iU) natters bearing on speoial
*rTll?ipalgulaUon of the rights andJoha"tanta is not unlisted, extendingonly over fundaments
aSeras i^a^sidentsTannvar spheres in which responsibilities have bean delegated to th. mmicipal-
dd*tion to-'this power to make regulations' municipal-
icn or rule must not run contrary to law. if it
does, the particular provision is without-offect.'
Munlojpei AArinistraUve Power*.
sation nffh9 framework for thaSf,Ji^" fJjted *within
tf thPmunioipaUtiea are free to oaUrmine
itics have enacted 8pedal provisions,
T"The powersr^Sif?ier rfT^ thc "WblishMpft and'operatlon of various
tn in order
^broad powers of initiating and en-
n^tl!?al Sfvernmant. It is impossible to onunerate all
it of& joSsnype9ficH a may bUt
Soma doubt existso the extent to which has the capacity to act beyond its -own boundaries. The probiea may arise as to ths ownership and managementater reservoir,raveyard outside the municipal area* unicipality acts by making regulations which are binding on residents, -it is apparent that complete municipal management of an area or enterprise outside it* borders will' violate aome of the self-governing right* of another municipality. In such oases the municipalities ooncerned settle ths question by prior contract. "
A municipality has obligations as well aa rights andSome of these obligations are Imposed by the nationaland the prefectural government, as the so-called entrusted duties and enterprises i schools, roads, riparian works, etc. The municipality assumes the Obligation of carrying than out and oftheir support, entrusting the execution and administration to the head;
71. IPJMIcrPtXanlcipal Property.
Intention of the la* coccaraing aualolpal finance la that tha Inooaa frca aunlclpal property will defray municipelunlike the prefectaral and national gotammant* uhlch depend primarily on taxes. For this reason, the law baa encouraged the .setting aside of endowed property, the Income from whloh is tha usual source of municipal revenue. econd source of revenue is the Income from special municipal endowments, which are set up for somepurpose, /the establishment of these isuty of the munic-pality.7 in both casea only the income can be spent and theof the oapital requires the approval of tha proper authorities.
A third form of municipal property is that of cash teaervea. These consist of valuable securities, bonds, grain, and cash which have been sat aside with aone special object In mind, usually relief In tie* of poor harvest. These are set up at the will of the Unlike the endowments, both capital and income may be used.
In addition, municipalities, like the government, may own coacunal property and property operated for public benefit. In both cases fees for use may be charged.
Both communal property and property operated for public benefit are dedicated to the use of the general public with two Cno is when by long traditionart of thepality's Inhabltante may have the right of use. The second is that property can be utilised to the profit ofart of the Obviously tha municipality may require operating fees from the holders of such speoial rights.
B. kunlclpsl Powers of Taxation.
A municipality has the power to levy taxes when tha Income from municipal property, resources, commissi en, fines,s not adequate to meet expense*.
1. ifuniolpal Tax, There are two types of municipal taxr an -additional* tax, and atax. Antaxurtax levied on the usual prefecture! sad national taxe*. Atax involves the creationew subject of taxation end the levyax upon it. Taxes require the consent of the authorities, and must comply with the formalitlea hi municipal law. There are now certain laws restricting the kinds oftaxe* which may be leviedunicipality, end also the rate* oftaxes.
Wot only municipal residents but also Individuals who have resided in ths municipality for three month* or more may be taxed. In addition, individual* who can property or conduct bualnea*unicipal ares are subject to property or transaction taxe*.
The general rule is that taxes are borne equally byor municipalities. However, on occasion,eotlod ofclpelityi* provided with an institution (or public enterprise) bringing then special benefits, the residents of that section may be epeeially taxed.
2" Prestation, Prestationevy resax
" Xt8levied upon all resident* but substitute payment in money is permitted. If
t may be secured by execution In the same manner as taxes.
1. Budget. Receipts and disbursements are aade accordingudget. The biidget ia prepared by the municipal head and must b* passedby the assembly at least one month before the beginning of the new fiscal year. Thonuclcipal budget differs from' the nationalhowever, ins the* expressed intention-of theit la.-Undine on the executivet determines the rate of taxation that must bet may .be.revised by the national aoalnistrative offioial*.
The general principles involved in tha formation of abudget are eioilax to those of the national'budgat,iscalotal budget, continuing expanses, and emergency funds.
In cases where thafalls toational administrative offioial may draft it, and in cases -here swart disposition ia necessary, the municipal head may decide Therefore, there are never casesudget does not exist.
2" Receipts and Disbursements. The municipalityuty to pay various expenses ror which it ia responsible by law out or ita income frm property, taxes, levies, and other sources.
In accordance with the general principles of finanoo, even in the case of municipalistinction ia made bet tween tho executive agent and the fiscal agents. The former is the municipal head or his assistant. The latter are those officials who accept payments or disburse funds by his order. Hcwsvor, the fiscal agents have an independent lsgalpceition apart from the ead /that is, apart from his authority/ and they have the right to examine his financial orders.
_ ** f financial Bettors and Auditing off investigating receipts and expendlturea is
given to both the administrators and to the assembly fZr council7.
The Investigations of tho municipal head are of two eortoi rcpu"lar
and special, tho latter requiring the presence of members- of the
osscsbly or council.
An audit must be mads by the municipal treasureronth after the closing ofnd is presented to thehead. After his examination, it is submitted to the assembly.
Indebtedness. There aro two kinds of munic-
rUt I* hich
lastseriod of two years or more. The oTheremporary
ayment specified in
the budget which oust be repaid within the
*h wobligationunicipality lo' to moot in
the future has legal provisions governing its creation which mustfoUowed. Such an Indebtedness is onlyforebt, for an expenditure which will be of ffeency needs following some disaster. Thetoe debt must be approved by the municipal assembly, thaHome affairs and the Financeot only the leanof flotation, financing, and
oiechargee approved. The procedure for the creation ofato that effect by
' oal+targentSL^ fl, pressturalnextorUnce la the Hlnister ofowmver, for special aoafciistrative
Satof Hducat^ IS the Wnistor of rinanca have oowwrrent
Forma of Stipe rrislon
lam ar-nPw^ffon ov*rrequired corrective. Suflh supervi-
sion la performedumber of
DalitieeMtion. The aupervisory official* for munici-counueddocuments, books, ac-
ipS^tiSir^ m -
Tbe supervising author-
a,raV!iCh ard*ni or
7 .However,road mter-pretaUon cr abuse of this method of auperviaion would completer
ox auuea already fixed onBuniaipellty by law,
Dalit*equiring ths consent of the supsxvieing official a. In
of it* own voli-
and to declac. insses ths authorities can make^*tnotne
original request and then grant permission for the new arrange-
2 ,iaflofficials holding powers of. 'r' ordinance, thia power can bethe authorization may bo dispensed with.
uthoriaatlon (byin <Sof tho -Ix'uTje
have theBpeclalths authorities nave the power of sotting aside or concellina Bunlcloal set*
rovldeB that at times when the assembly or the
Compulmory budget*orm of
guv am or acts as a
tbia substitute legislation.
At times when the. municipal official* have notduty, the authorities .may request' that they act or mayout the administration. This substitute administrationtherereakdown in tho executive organ of the"
of the Kuniolpal Assembly. TheHome Affairs can order the dissolution of an assembly. Thereexpress provisions governing the situation. This is the moststep and Is taken only after all other corrective, Within three months afterow electionheld.
of Officials. /Citation only givcn.7
Till. SPECIAL mVMICrPAI.OB
The above discussion applies to Japanesein general, seedless topecial syatea appliesorea and other possess ions. Even in Japan island areas'and Hakkaldo have special administrations for towns and townships.eneral rule thereo distinction between cities, towns, and munlclpullties under the municipal syatea, but there are cer-tain exceptions, such as* the "three largeokyo, Osaka, Xyotp7and the "alx largehe above plus Sagoya, Kobe, and Yokohama/, In theh Dint the Governmentokyo-to bill'providing for ths oreationpeoialty, Tokyo-to, out of the area of Tokyo-fu.
hanges of Some consequence have taken place in Japanese municipal.government, although more in the practical op* eration than in the modification of formal law. Probably the most Important change has been tha growth of tha Imperial Role Assistance Association which, as the single government-sponsored political party, now dominates local politics through the endorsement offor election. In addition to this devoloponont, thepowers of national and prefectural authorities, over both the fiscal and administrative aspects of nunldpal government, have been exercised In an increasing degree as total mobilisation has been realized, and in some rural prefectures, intermediate supervisory units, between tho prefectures and the municipalities, have been
Recent Diet legislation has further reduced the oppor* tunlty for self-government by municipalities and correspondingly increased the authority of the national end prefectural The precise nature of tho changes ie not clear, for the text of the laws Is not available. It appears that the prefectural governor now has the right to approve the election of heads of towns and townships, and to dismiss those local officials fromif "there is friction between the mayor and the town orassembly, and if the mayor is considered to bo /In tho7iitilar controls are probably also Imposed upon city officials,they appear to be exercised directly through the Minister for Home Affairs. t Dietokyo MunicipalityBill, The Privy Council approved3 anOrdinance Introduced by the government for the organisation of the Tokyo Municipality to go into effectuly
The Diet has been crltlzed for failure to aot in defining the relationshipunicipal head and variousbodies which have been set up In the last few yoare.
However, it Is not likely that the fundamental patterns of municipal government, hove changed greatly in the last six years from those presented in'the outline.Original document.