文部省設置法の研究 : 文部省組織編制における「指導」を中心に(II 研究報告)

抄録

This Study's subject is to clarify characteristic of educational administration in Japan, with investigation of "Sidou" -authority provision for Ministry of Education from the viewpoint of the intergovernmental relationship. The composition of this study is follows: 1. Subject of study 2. Theoretical framework to "Sidou" of Ministry of Education 3. "Sidou"-authority provision, 1949-52 (1) "Sidou"-authority provision in Organization Law of Ministry of Education, 1949-52. (2) "Sidou" -authority provision at section level (3) The system consists of "Sidou" and "Procedure" 4. Conclusion and prospect System of "Sidou" at implementation process of education policy In the first reform after World War II,so many authorities have decentralized from Ministry of Education to the board of education in local government. And intergovernmental relationship in educational administration has been remodeled from "Inspection" to control with legal force into "Sidou" to guidance with superiority and professionalism. So, "Sidou" by Ministry of Education should have started with no compulsory power. But in recent years, the Committee for the Promition of Decentralization pointed that "Sidou" has been taken with compulsory power by local government, and recommended to reform "Sidou" provision. In the Study of Education Administration, the concept of "Sidou" has assumed a complex aspect. But in general, it has been understood as "Supervision". In this concept, the most important part is that Ministry of Education should not employ the power to local public body and the board of education. "Sidou" is not classified the form of legal force. So, it is distinguished from "Inspection", "Administrative disposition" and "Administrative procedure". On the other hand, several recent studies has regarded "Sidou" as "Gyouseisidou" from the viewpoint of function of administrative guidance in policy implementation process. And "Gyouseisidou" usually have no legal basis, but there are some exceptional authority provisions. In some cases, administrator explained this exceptions as the legal bases for "Gyouseisidou". The main object in this analysis is authority provision of Ministry of Education in 1949-52. In 1949, "Sidou" -authority provision has been described to be employ to specially the Board of Education. On the other hand, the sphere of "Sidou" applied to the board of education has not been descriptive at all. In 1952, such a definite methodology has changed to abstract one. "Sidou" has been applied to any parties concerned. After 1952 reform, "Sidou" is generalized in the authority provision of Ministry of Education. In this study, the conclusion is that both "Sidou" -authority and "Administrative Procedure" -authority are situated at the provision of administrative organization and the process of execution, and a certain system consists of them in process of administrational execution. And, financial guidance can be concluded in the system in the cognition local parties concerned. This situation can be regarded as the policy implementation process from a larger perspective. Such a perspective is suggested from several recent studies of "Gyouseisidou". It is useful for investigation "Sidou" -system in the intergovernmental relationship of educational administration in practice.