| Summary: | 碩士 === 銘傳大學 === 法律學系碩士在職專班 === 106 === On October 30, 2015, the Chief Justice made an explanation of the interpretation of No. 733, the case of the establishment of the chairman of the professional group, which led to many discussions. It is puzzling that the legal system of the people's organizations in our country is seriously outdated, regardless of whether the "private legal person" and the mandatory "public legal person" associations are still in the historical process of "supervising" the concept of the supervision period. However, the people's groups of the public legal nature and the freely formed people's groups are two organizations that are completely different in nature. Therefore, there is no reason to standardize the two after democratization.
The Constitution guarantees that the people have freedom of association, and that the entire people use the form of association to form a common will and pursue a common philosophy to achieve common goals. Interpretation No. 467 explained that the people’s groups were highly compulsory, and it was very clear that they must be limited to public legal persons. In our country, the Physician Association is a specialized professional group, adopting a "compulsory admission" system, and is a non-profit organization. The law often gives it the public power necessary to accomplish its tasks, and its task is to have the status of indirect state administration. The application of the inherent legal reservation principle is different from other groups classified by the legislators in detail. However, in reality, it does not have the status of a public corporation. Accordingly, it is necessary to distinguish between "public legal person" or "private legal person".
The ideal of practicing democratic politics is the current trend of the world and the aspirations of the whole people. In the exercise of the rule of power, the state has to implement the principle of sovereignty in the people's democracy, sometimes it is necessary to adapt to local conditions or to adapt to the circumstances. It needs to be achieved by the form of autonomous administration to conform to public opinion. Specialized professional group physicians' associations, regardless of the externality and internality of group organizations, are closely related to the survival of the groups, whether the organs are exercising their functions and powers according to law, and whether their internal and external supervisory units are inspected according to law, and corrective actions are proposed in due course. This has a great impact on the achievement of the objectives and tasks of the guild group and the development of the conference. Therefore, it needs to have certain legitimacy. In order to implement sovereignty in the principle of all members and to avoid the control of the state or political and economic forces, the Physician's Association must ensure the autonomous administrative Power to conform to the will of the members and the legitimacy of democracy. The state's respect for professional group autonomy itself and modest empowerment are the core values. However, our country has always favored "local self-government administration". For "functional autonomous administration", both in practice and in theory, it is rare to be discussed and clarified in the academic field.
Based on this, the motivation of this paper is to highlight the attributes and positioning of the current professional group, and the long-standing problems and disputes. And try to understand the inquiry from the legal system currently applicable to professional groups. It is a "public legal person" or "private legal person" and its suitability. In addition, the other is based on the composition of the physician's law, and is currently positioned in the organization and business of the general professional group of physicians' associations, in order to understand the characteristics of their group autonomy and the current difficulties. It also collects the legal system and related literatures of the two national professional groups (Physician Associations) in Germany and Japan, and then compares with the current legal system in our country, and proposes reviews and suggestions. In order to achieve the best positioning and practice for the purpose of participating in the professional group.
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