Study on re-opening admisnistrative procedures —focused on Administrative Procedure Act Art.128

• Main Authors: Hsiao-Kang Ho, 何効鋼
• Other Authors: Ming-Hsin Lin
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/p2f384

碩士 === 國立臺灣大學 === 法律學研究所 === 106 === Re-opening of administrative procedures (known as “Wiederaufgreifen”) is a special procedure for administrative disposition in Taiwanese Administrative Procedure Act. However, due to the lack of discussion of the detail of practice in this procedure, and the narrow understanding in the Judicial practice, “Wiederaufgreifen” has been only applied in little cases. This thesis argues that “Wiederaufgreifen” is a special procedure protecting individual rights, which cannot be substituted by other institution. Therefore, this study tries to compare the statue to the German Federal Administrative Procedure Act, which Taiwanese inherited lots from, and other individual rights protecting special procedure in Procedure Order, such as retrial procedure. In order to build a comprehensive picture of “Wiederaufgreifen”, including the different stair of procedure, the require, guide principle and boundaries of the procedure. On one hand to review the current judicial interpretationn of “Wiederaufgreifen”, and on the other hand introduce the comparative law view, to give the administrative agent inexperience in “Wiederaufgreifen” a clear introduction, and let the procedure of “Wiederaufgreifen” rooted in Taiwanese administrative practice. In conclusion, this study addressed a suggestion on amending the law, tries to solve the vague or error in the statue, and avoids the unconstitutional interfere of right of instituting legal proceedings.