| Summary: | 碩士 === 國防大學 === 法律學系 === 106 === The suspension of the enforcement system plays a pivotal role in the protection of people’s rights. People’s rights are infringed upon by the state or other public administrative entities in the exercise of public power. In the process of petitioning administrative remedies in accordance with the law, enforcement by administrative sanctions will result in an “existence of "Facts" have caused the people to win the judgment of victory and cannot actually enjoy the rights. However, if we first examine the practical operation of this system, we can easily find that there are still many regrettable points: The people still lack a certain level of understanding of the entity's requirements, but they are in a situation of abuse; on the other hand, due to the administrative court case The proliferation of sources, the signs of overwhelming load, and the suspicion of the operation of an entity also have the suspicion of literary righteousness. Therefore, this paper believes there is room for review and interpretation of the entity's requirements.
Taken together, this article is divided into five chapters. The second chapter is “Notice of Bad Manufacturer System and Relief Procedures.” It describes the causes of bad companies, describes the legal nature of bad companies, and publishes communiques, and publishes the legal effects of the communique. The remedial channels of poor vendors and the plight of poor vendors screaming to stop execution. The third chapter introduces the “legal theory of temporary protection system”. Firstly, it protects the right to procedural rights. From the nature of procedural rights, it guides the right to sue to protect the right to request protection and procedural rights, that is, the specific public law disputes. . Then it introduces the constitutional basis of the temporary rights protection system in China and the functions of the system to ensure, distribute, and reduce the risk of misjudgment and temporary satisfaction. It also describes the implementation of temporary protection procedures and protection of effective rights. Furthermore, by referring to the current status of the suspension of enforcement systems in countries such as Germany and Japan, and proposing practices that can be used for reference by our country, we hope that in the interpretation and application of the cease-fire implementation system, China can more effectively apply the provisions of the The rights and interests of the people are reflected in the spirit of legislation.
In the fourth chapter, “materials and practical insights from bad vendors’ requests to stop execution”, the entity requirements for the suspension of enforcement against the administrative litigation law and the law on appeals, such as “difficulties in responding and having urgent circumstances” and “having a significant impact on the public interest” "The plaintiff's lawsuit appears to have no legal grounds," and "the legitimacy of the original administrative sanctions has doubts." Do detailed judgments and related practical insights. Through the discussion of the German law by Chinese scholars, the structure and current status of the provisional rights protection system under the administrative litigation law in China are constructed. Finally, we return to the discussion of how the bad vendors stopped the implementation of the practice. Through the discussions on government procurement cases in recent years, the administrative court ruled the cases of the bad manufacturers' requests to stop execution, and put forward the reasons for the court's decision to stop the implementation. Relevant judgment standards and views.
The fifth chapter "Conclusion and Suggestion," which is a review of the content of this paper, and put forward some opinions on the research results. This paper believes that the administrative court of our country uses almost “whether it can make monetary compensation” as a measure of whether there is “difficult to recover damage”. The court should gradually relax the interpretation of the entity's requirements on the interpretation theory. It should not be too rigidly adhered to the provisions, but should actually consider Various elements in the case were established, and entity examination standards that conformed to the law were established and operated stably to fully review the claims of the claimants (bad vendors) and to temporarily ensure the rights. In addition, we hope to provide reference for the implementation of government procurement practices to cease to be implemented through research and suggestions that can provide a reliable and effective way to ensure the protection of people's rights.
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