| Summary: | 碩士 === 東吳大學 === 法律學系 === 98 === In the past , the civil service law systems in Taiwan was deeply affected by “ die Theorie vom besonderen Gewaltverhältnis ” of Germany；hence civil servants couldn’t make an administrative litigation as their rights were infringed by administrative agency . Although justice of the constitutional court afterwards has made several decisions to allow civil servants making an administrative litigation in particular cases , their litigious rights are still restricted . However , in the light of the proverb , “ where there is a right , there is a remedy ” , we should question whether the restriction is reasonable or not . Besides , in the aspect of the concrete design of judicial remedies , only administrative act on Public Functionaries Protection Act is subject to judicial review . In order to strengthen the right protection for civil servants , different types of personnel actions are regarded as administrative act . But such kind of design sometimes can’t discord with litigious type . Therefore , how to construct a proper remedy system for civil servants is one of the focal points of my thesis .
Recently , the academic and practice world have th ought highly of the remedy issues of the public service promotion . The related issues include : Are the remedy routes to the promotion decisions reasonable ? Once an administrative agency decides to promote a certain civil servant , can the other unsuccessful applicants appeal against the promotion decision ? And the latter question is still referred to two disputes : (1) Is the promotion decision an administrative act with the effect on third party ? (2) Should we adopt the “ Ämterstabilität ” of Germany ? Furthermore , whether the “ Ämterstabilität ” of Germany is constitutional or not depends on the effectiveness of the temporary right protection mechanism . But does Taiwan’s temporary right protection mechanism work ? All above will be discussed in this thesis .
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