Dissertation/ Thesis
Research on the System of Suspended Execution of our Administrative Litigation-An Analysis on the Relevant Rulings of the Administrative Court.
| العنوان: | Research on the System of Suspended Execution of our Administrative Litigation-An Analysis on the Relevant Rulings of the Administrative Court. |
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| Alternate Title: | 我國行政爭訟停止執行制度之研究-以評析行政法院之相關裁定為中心 |
| المؤلفون: | LIU,PO-CHUN, 劉柏君 |
| Thesis Advisors: | CHANG,WUN-YU, 張文郁 |
| سنة النشر: | 2017 |
| المجموعة: | National Digital Library of Theses and Dissertations in Taiwan |
| الوصف: | 105 If an effective temporary right protection system is not available when illegal administrative acts initially cause damage to people’s rights, then this illegal status will continue to spread, resulting in a “butterfly effect.” In recent years there were many major events that attracted public attention, such as the environmental impact assessment event of the third and fourth stage of Central Taiwan Science Park and the Miaoli Dapu forced demolitions incident. Many cases from the news media reports, which produce many controversial issues and the occurrence of fierce protest action, highlight the importance of the suspended execution system in administrative litigation. To prevent people’s rights from being infringed upon, the building of an immediate and effective suspended execution system is of the utmost importance in administrative litigation. Although Taiwan’s Administrative Appeal Act and Administrative Litigation Act have had major revisions regarding the suspended execution system in 2000, there are still many doubts about the practice of legal applying in the years since the revision. Some administrative litigation events have already caused irrevocable damage, and did not live up to people’s expectation of the temporary right protection system. Thus, the practicality of the current suspended execution system must be explored examine its nterpretation and application of derivative of various problems. This study not only asks questions and recommendations regarding the current suspended execution system, but also analyzed relevant administrative court rulings in the past decade (2006 to 2015). The interpretations of substantive requirements and the operations of the review methods for the suspended execution system are also examined in this study. Legislation in Japan and Germany was referenced to search for an appropriate interpretation balance point that accounts for both administrative efficiency and guarantee of people’s rights. The content of the existing legal system, and what it implies, is also matched with the objectives of the suspended execution system to establish a determination standard and method that is appropriate for Taiwan’s suspended execution review model. The objective is to realistically allow the suspended execution system to function as temporary protection of people’s rights. |
| Original Identifier: | 105SCU00194024 |
| نوع الوثيقة: | 學位論文 ; thesis |
| وصف الملف: | 149 |
| الاتاحة: | http://ndltd.ncl.edu.tw/handle/rz9pby |
| رقم الانضمام: | edsndl.TW.105SCU00194024 |
| قاعدة البيانات: | Networked Digital Library of Theses & Dissertations |
| الوصف غير متاح. |