A Study on the Declaratory Administrative Disposition: Focus on the Administrative Legal Relationship and Types of Administrative Litigation
碩士 === 國立臺灣大學 === 法律學研究所 === 101 === Regarding the conception of “regulation” in Germany, scholars consider it functions not only “to cause legal consequence,” but also “to specify abstract legal requirement into individual cases.” From the perspective of administrative law scholars, it is the diffe...
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| Format: | Others |
| Language: | zh-TW |
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2013
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| Online Access: | http://ndltd.ncl.edu.tw/handle/77711842548720615415 |
| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 101 === Regarding the conception of “regulation” in Germany, scholars consider it functions not only “to cause legal consequence,” but also “to specify abstract legal requirement into individual cases.” From the perspective of administrative law scholars, it is the different administrative norms covered different subject matters make commanding, constitutive and declaratory administrative dispositions distinguishable. A declaratory administrative disposition hence should be defined as to regulate an existing administrative legal relationship.
In Taiwan, the legal status of “existing roads used for public access” will be established as long as the criteria in customary law have been satisfied. Since the competent authority can only confirm the existing legal relationship, the disposition should be considered as a declaratory administrative disposition.
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