상세정보

CONTENTS
Preface = Ⅴ
One Taking administrative law into digital era = 1
 1.1 Electronic government = 3
 1.2 Electronic administrative procedures = 7
 1.3 A survey of regulatory initiatives = 8
Two France = 11
 2.1 Introduction = 13
  2.1.1 Present practice = 13
  2.1.2 Present regulatory developments and expectations = 15
 2.2 The administrative system and problems in the light of electronic transactions = 17
  2.2.1 General characteristics of the administrative system = 17
  2.2.2 Interaction between administrative and civil law = 18
  2.2.3 Requirements of the administrative system relevant for electronic communication = 19
  2.2.4 Problems with electronic communication = 21
  2.2.5 Solutions under case law? = 22
  2.2.6 Influence of other legal domains in addressing the problems = 22
  2.2.7 Conclusion = 24
 2.3 Amending administrative procedure law to allow for electronic transactions = 25
  2.3.1 General observations = 25
  2.3.2 Rules on safe electronic communication = 27
  2.3.3 Conclusion = 29
 2.4 Electronic communication versus traditional communication = 30
  2.4.1 Do differences remain between both forms of communication? = 30
  2.4.2 Is it possible to discriminate between means of access? = 31
  2.4.3 Conclusion = 32
 2.5 General conclusion = 33
Three Germany = 35
 3.1 Introduction = 37
  3.1.1 Present practice = 39
  3.1.2 Overview of current legislative developments = 42
 3.2 Legal requirements and impediments for the electronic communications of the public administration = 45
  3.2.1 General characteristics of the administrative system = 45
  3.2.2 Interplay between administrative law and civil law = 47
  3.2.3 Requirements of administrative law relevant for electronic communications = 48
  3.2.4 Problems under the present administrative law system in the light of electronic communications = 50
  3.2.5 Case law relevant for the solution of the problems = 52
  3.2.6 Influence of other legal domains, especially civil law on problemsolving in administrative law = 54
  3.2.7 Conclusion = 55
 3.3 Amending administrative procedure law = 55
  3.3.1 General considerations = 55
  3.3.2 General stipulation versus specific (detailed) stipulations = 56
  3.3.3 Issues regulated at a general level = 57
  3.3.4 Issues regulated at a specific level = 62
  3.3.5 Rules on careful electronic communications = 63
  3.3.6 Specific issues concerning electronic signatures = 65
  3.3.7 Competent bodies for the specification of the requirements relevant for careful electronic communications = 65
  3.3.8 Conclusion = 65
 3.4 Electronic communication versus traditional communication = 66
  3.4.1 Remaining differences between traditional and electronic communications = 66
  3.4.2 Discrimination of access = 66
  3.4.3 Conclusion = 68
 3.5 Conclusion of the main findings = 68
Four Norway = 71
 4.1 Introduction = 73
  4.1.1 Present practice = 73
 4.2 Norwegian administrative law = 74
  4.2.1 Current legislative developments = 74
  4.2.2 Amendments to the Public Administration Act = 74
  4.2.3 Draft Regulations on electronic communication with and within the Public Administration = 79
 4.3 Case law = 81
 4.4 Interaction between administrative and civil law = 81
 4.5 Conclusions and main findings = 82
Five The United States = 83
 5.1 Introduction = 85
 5.2 Present practice = 85
  5.2.1 Approaches and policies related to e-government = 85
  5.2.2 IRS present practice in electronic communication = 87
  5.2.3 USPTO present practice in electronic communication = 89
 5.3 Legislative action and initiatives for electronic communication = 90
 5.4 Administrative law in the United States = 92
  5.4.1 General characteristics of the administrative system = 92
  5.4.2 Interaction between civil law and administrative law = 94
 5.5 Requirements of the system relevant to electronic communication : IRS and USPTO and administrative law = 95
 5.6 Problems under the present administrative system in the light of electronic communication = 97
  5.6.1 Case law = 98
 5.7 Amending administrative procedure law = 98
 5.8 Electronic Communication versus traditional communication = 99
 5.9 Conclusions and main findings = 99
Six Analysis = 101
 6.1 Introduction = 103
 6.2 Present situation = 103
  6.2.1 On-line communication : use and ambitions = 103
  6.2.2 Electronic communication under case law = 106
 6.3 Interplay between administrative law and civil law = 107
 6.4 General versus detailed = 109
 6.5 Rules on careful communication = 112
 6.6 Electronic signatures = 117
 6.7 Traditional versus electronic communication = 119
Appendix 1 - Entwurf eines Dritten Gesetzes zur $$\ddot A$$nderung verwaltungsverfahrensrechtlicher Vorschriften(3. VwVf$$\ddot A$$ndG) = 125
Appendix 2 - Bayrischer St$$\ddot a$$dtelag - Dienstanweisung zur Benutzung und Behandlung elektronischer Post "DA elektronische Post"(Muster) = 207
About the authors = 221
The IT&Law Series - List of titles = 225