A Study on Legal Regime and Practice for Reding Dossier
碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 97 === Reading dossier has the “right to know” protected in the constitution as its foundation and has a passive basic right procedural guarantee function. In the principle of rule by law the duty of administrative organs to clarify the facts in administrative procedu...
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| Format: | Others |
| Language: | zh-TW |
| Published: |
2009
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| Online Access: | http://ndltd.ncl.edu.tw/handle/81804489538970113310 |
| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 97 === Reading dossier has the “right to know” protected in the constitution as its foundation and has a passive basic right procedural guarantee function. In the principle of rule by law the duty of administrative organs to clarify the facts in administrative procedure allow the involved party to read files to ensure that the administrative organ has fulfilled its duty to make a final decision on the basis of complete and reliable documents; reading dossier is also based on the “Interested party openness” and “interested party equality”principles so that the interested party is able to have an understanding an administrative procedure and advocate his/her rights at a suitable time.
It is necessary to discuss related question including: Is an administrative body’s refusal to allow the reading dossier an administrative penalty in essence? How can the party involved or interested parties appeal? How is reading dossier to be applied according to related laws and regulations?
This paper systematically compiles and analyzes reading dossier laws in the ROC Administrative Procedure Law, taking into account the connection between, use of and related practical opinions relating to laws in various countries, reading dossier and related laws and regulations and also refers to suggestions from reading dossier related theory as reference in application and revision of related laws.
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