A Study on Civil Service Protection Act

• Main Authors: Wang,Jie-Hong, 王傑弘
• Other Authors: Tsai,Liang-Wen
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/04818784516070565892

碩士 === 中國文化大學 === 政治學系 === 101 === The 83rd Article of the Constitution stipulates matters concerning the protection of civil service are one of the main responsibilities of the Examination Yuan. In the past, Taiwan followed the Theory of Special Power Relations according to which the relationship between civil service and the state, which was identified legally as the Agency Served. As to administrative litigation, since this was not included in the civil service’s official duties and because of the asymmetry between the civil service and the state, it was unlawful for civil service to initiate administrative litigation. The problem was that Taiwan lacked an overall Civil Service Protection Act. The related provisions to safeguard public functionary rights were dispersed under such various other laws as the Civil Service Employment Act, the Merit of Performance Act, the Insurance Act, the Remuneration Act, etc. In the Postwar period, however, many countries around the world made efforts to implement the principles of Constitutional State. In Taiwan, the Grand Justices of the Judicial Yuan strove to follow this global trend in their interpretations of the law. Starting with interpretation 187, they wrote a series of interpretations that developed into a multi-principled body of interpretations that broke through and pushed aside the old Theory of Special Power Relations. The Grand Justices held that in the relationship between civil service and the state, even though legally under the Agency Served, if civil service were to suffer an adverse Administrative Adjudication, he or she should initiate Administrative Litigation. This reflected that the protection of civil service rights was increasingly being taken seriously. In 1996, this trend culminated with the passage of the “Civil Service Protection Act,” which designated the Examination Yuan as the Agency responsible to form the “Public Functionary Protection and Training Committee” and be solely responsible for managing all matters concerning the protection and training of public functionaries. Pursuant to the 2003 general reform of the Civil Service Protection Act, two channels were designated for public functionaries seeking restitution: “Deliberation Cases” and “Appeal” and “Re-appeal Cases. ” Besides upgrading the status of civil service rights, the reform provided a system for seeking relief and thus completed Taiwan’s system for seeking administrative relief. 　　The presents study divides into 1) an introduction, 2) an overview of Taiwan’s Civil Service Protection Act, with 3) comparison to the public functionary protection systems of advanced countries, 4) questions and critical discussion of Taiwan’s Civil Service Protection Act, and 5) conclusions and suggestions. This study commences from the present administrative law system, carries out analyses of selected documents and information, exxamines the series of Civil Service Protection Act and public functionaries Administrative Neutrality Act, and finally describes the importance of protecting the civil service rights and interests. Moreover, by comparing the civil service legal systems of Taiwan and the advanced countries, the study identifies ways in which to trim the excesses and fill in the shortcomings of Taiwan’s system to make it more perfect. The focus on the present study is to analyze some protection cases of the “Civil Service Protection and Training Committee” and make suggestions. Finally, the insights and perspectives derived through this study are presented in the conclusions and suggestions section.The author hopes that these insights and suggestions will one day be useful for improving the current administrative law system to make it even more complete. Indeed, it is hoped that the present study will serve as an important reference and aid when government agencies undertake future studies and reform of Civil Service Protection Act.