A Study on the Issues of Applying the Principle of Reliability Protection and the Principle of Equality upon the Civil Servant Retirement Legal System – Focusing on Article 32 of the Civil Servant Retirement Act

• Main Authors: You Tzong Hsun, 游宗勳
• Other Authors: Cherng Ming Shiou
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/53261138590103638432

碩士 === 東吳大學 === 法律學系 === 100 === The civil servant retirement legal system of the Republic of China has been enacted since 1914. After a dozen of legislative amendments, the government has enforced the latest amendment passed by the Legislative Yuan on January 1st, 2011. The Examination Yuan declared that the expansion of thirty-seven articles (before twenty-one included) has reached to the largest scale. Among all the articles, the reform and the legalization of the system of the preferential interest rate on retiring deposit for military servants, civil servants and teachers have been criticized the most by the fellowmen and have great impact on the rights of those people mentioned above. This research specifically focuses on the group of civil servants. In order to interpret the system of the preferential interest rate comprehensively, this thesis firstly discussed the evolution of the retirement system and the comparison between the old system and the new one. Secondly, the thesis mentioned the origin and the transition process of the system of the preferential interest rate to demonstrate the legal liaison and to see if it is against the Principle of Legal Reservation. Still, it introduced the Principle of Reliability Protection as well as generalized the Council of Grand Justice’s Interpretation to comment on the suitability of the standers of judgment that apply to the Principle of Reliability Protection which is caused by the amendment of the system of the preferential interest rate. Furthermore, it evaluated the boundaries of the system of the preferential interest rate as a genre of Supply Administration via. Finally, it summarized every focal point and made the conclusion. The reason of the existence of the system of the preferential interest rate can be considered a historical inevitability of developing countries that are going towards developed countries. To be fair, the establishment of the system was to maintain the basic living standard for civil servants. Although its legal base was controversial, as a Supply Administration, it is better to loosen the standard of the censorship. Since the system has gone through the entire three-reading procedure in the Legislative Yuan, the public sector should examine the purposes and the principles of the legal system made by legislators and should respect them. In addition, if the government changed the default rules thoughtlessly just because the public opinion, it is against the Principle of Reliability Protection that the elevation of the protection level cannot obtain the equal protection objectively.