Abstract It likes a knowledge ¡§Yellow Pages ¡¨, knowledge map, indicates where is knowledge and how to get it, but doesn¡¦t contain knowledge. The principal purpose of a knowledge map is showing domain expert when someone need expertise. The resources of teachers¡¦ knowledge map, teachers¡¦ professional information, are fragmented by geographic condition. The map is piece not complete one. As rapid development of Internet, the rich webs contents provide a new way to build global teachers¡¦ knowledge map. The goal of this research is constructing¡yTeachers¡¦ Knowledge Map¡zfor sufficient knowledge sharing environment by collecting teachers¡¦ relative information from the web pages automatically and integrating plentiful Internet resource. There are four main purposes of this research, include (1) getting teachers¡¦ vita from web gages. (2) using teachers¡¦ personal vita and others webs¡¦ resources to construct teacher¡¦s professional specialty, and indicate research issues of teachers. (3) reflecting teachers¡¦ social network by web pages to show social information of individual teacher or group. Teachers¡¦ social network can provide information of how to get the expertise. (4) integrating prior purposes to create useful teachers¡¦ knowledge map for sufficient knowledge sharing environment.

Civil Service Protection Act was promulgated and announced in 1996, establishing a significant milestone for the protection of the rights and benefits of civil servants. Originally, the Act has 35 clauses only. In 2003, it was enormously revised, and increased to 104 clauses. With its regulative contents covering procedural and substantial requirements, the Act can be called a very special law. The relief procedures stipulated in the Act include two procedures: 1. retrial 2. appeal and re-appeal. Retrial is applied to the punishment that may change the identity and relationship of a civil servant, or has significant effects to the rights and benefits to a civil servant, or the item with property request right being infringed upon because of the identity of a civil servant. Appeal and re-appeal are applied to the management measure without significant effect to the rights and benefits of a civil servant, or the handling of the related working conditions. Although the implementation of Civil Service Protection Act protects the rights and benefits of civil servants, it causes impacts to the leadership of departmental officials. However, it facilitates the authorities to conduct administration according to the laws. With this system, the disputes between civil servants and institutions can be appropriately solved. To the business promotion of institutions, it has positive meaning. The study mainly investigates the problems currently existed, including whether the related protection of rights and benefits in Civil Service Protection Act is sufficient, whether the civil servants understand the protection of their rights and benefits, whether the protection procedures are proper, whether retrial system will lead to the waste and burden of administrative resources, etc. It is hoped that through the investigation of the existing system and the discoveries in times of practice, the proposed suggestions can be a reference for revising the law. The paper has about 10,000 words, and is divided into six chapters. Chapter 1 is the introduction. Chapter 2 analyzes the protection system of the civil servants of Taiwan. Chapter 3 is about the administrative self-evaluation. Chapter 4 compares the various administrative self-evaluation systems. Chapter 5 takes Kaohsiung City Government for examples, and undergoes case study, in-depth interviews and questionnaire survey for further explanation. Chapter 6 is about the conclusions and suggestions, giving proposes for the aspect of legal system and the aspect of execution. Especially on the aspect of execution, further investigation is made on three aspects, including the government authorities, civil servants and personnel. It is hoped that the study is helpful to the subsequent legal amendments or to researchers. Having analyzed some cases, and made in-depth interviews and questionnaire survey, the paper proposes several suggestions. First of all, the measurement standards of the administrative rules should be clearly specified. Secondly, a reinvestigation participation system should be established. Thirdly, the powers and functions of Civil Servants Association should be strengthened. Besides, the imposition of criminal punishment and disciplinary sanction should be reviewed. The disciplinary right should be passed to the administrative institutions, and the judicial institution should be responsible for the investigation right. In addition, the paper considers the appropriate disclosure of the punishment decisions or reinvestigation procedures and information so as to reduce the civil servants¡¦ queries of their institutions, establish in civil servants a value judgment of excellent work, and form a mutual supplementation and assistance relationship between the chiefs and the colleagues. Through the lectures and procedures, practical rehearsals, and the strengthening of personnel staff¡¦s business handling abilities, the institution is able to undergo an updated and harmonious development in maintaining the rights and benefits of civil servants and conducting the overall business promotion

La thèse a pour objet d’étude le rejugement. Plus généralement elle porte sur le sens que l’on donne à la notion d’autorité de la chose jugée en contentieux administratif. Cette notion est comprise, dans la thèse, comme signifiant que ce qui a déjà été jugé ne peut être rejugé. L’autorité de la chose jugée entraîne donc en principe l’interdiction de rejuger une affaire ou un élément d’une affaire qui a déjà été tranché par une juridiction compétente pour clore définitivement un litige ou le point du litige concerné. Or la thèse vise à démontrer que l’autorité de la chose jugée en contentieux administratif n’interdit pas toujours, en droit positif, sous réserve d’un noyau d’intangibilité, le rejugement des décisions de justice. Cette étude est intéressante pour trois raisons: Premièrement, il fait l'objet d'une grande actualité (succession de recours en contentieux des contrats administratifs, réception par le juge administratif des décisions rendues sur une question prioritaire de constitutionnalité par le Conseil constitutionnel ; articulation entre les décisions de la Cour européenne des droits de l'homme et de la Cour de justice de l'Union européenne et de celles du juge administratif). Deuxièmement, ce sujet a été à peine étudié dans le contentieux administratif. Certaines notions (comme celles de procès, de jugement, de recours, de questions, d'irrévocabilité, d'opposabilité ...), certaines distinctions (autorité formelle / matérielle ; autorité négative / autorité positive) ont donné lieu à peu d'étude par la doctrine publiciste. Troisièmement, cette étude a pour ambition de tenter d'étudier sous un nouvel angle la notion d'autorité de la chose jugée. Cela implique de réfléchir à des conditions de stabilité des décisions de justice, ou encore sur le concept de sécurité juridique appliqué aux jugements. Ces notions ont été particulièrement analysées s'agissant des actes administratifs et non pas du point de vue des décisions de justice. L'idée est donc de procéder à une analyse comparative de ces deux grands types de décisions. Cette thèse peut contribuer à mettre en évidence des principes propres à la décision de justice et à réfléchir sur les fondements de l'autorité de chose jugée, que sont notamment la nécessité de rétablir la paix sociale entre les parties au procès, la bonne administration de la justice et la stabilité des situations juridiques. Ces fondements doivent être articulés avec le droit au recours et l'exigence de qualité de la justice. L'étude du rejugement devrait permettre également de mettre en avant la manière dont les juges administratifs conçoivent cette notion "d'autorité de la chose jugée" et qui pourrait être différente de celle des juges civils. Pour réaliser cette étude, il semble important de prendre en compte les différents éléments du droit du contentieux administratif, à la lumière des procédures civile et pénale, ainsi que de la procédure européenne. La recherche dans ces domaines se porte principalement sur les sources du 20ème et du 21ème siècles, d'un point de vue théorique et pratique. A travers cette analyse critique, la méthode retenue consiste à vérifier comment le concept et ses fondements sont appliqués et si la théorie correspond à la pratique. L'idée est d'essayer de développer un cadre en vue de simplifier la procédure pour le justiciable, pour la bonne administration de la justice et le service public de la justice.mots-clés : Autorité,Chose,Jugée,Contentieux,Administratif,Rejugement / This thesis aims at the study of retrial proceedings, more specifically at the meaning of the concept of ‘res judicata’ in administrative litigation. This is understood as cases that have already been judged and therefore cannot be retried again. The principle of ‘res judicata’ implies a ban to retrial a case or a fact for the proceedings, which have already been settled by the competent court in order to definitely close the litigation or as a point of contention in the grievance concerned. Yet, this thesis aims at demonstrating that in administrative litigation if it exist a minimum reserve of intangibility, then the principle of ‘res judicata’ does not always ban the retrial of court decisions.This study is interesting for three reasons:First, it is a subject of great debate nowadays (successive actions in administrative contracts litigations; reception by the administrative judge of decided cases as priority preliminary ruling on constitutionality of the Constitutional Council; linkage to the decisions of the European Court of Human rights and to the Court of Justice of the European Union and those of the administrative judge).Second, this subject has been scarcely studied in administrative litigation. Some concepts of law (such as those of trial, judgement, action, question, irrevocability, enforceability…), some of the distinctions (formal authority/hardware authority; negative authority/positive authority) have not been the subject of extensive research by scholars in field of Public Law.Third, present the principle of ‘res judicata’ in a new light. This involves thinking about conditions for the stability of judicial decisions, and the concept of legal certainly applied to judgements. These concepts have been particularly analysed in terms of administrative acts but not in terms of judicial decisions. The idea is also to conduct a comparative analysis of these two main types of decisions.This thesis may help to clarify the principles of judicial decision and to think about the foundations of the authority of ‘res judicata’, which are particularly important in the social sphere to restore peaceful relations between the parties in the trial, for the proper administration of justice, and the stability of legal situations. These foundations should be contained with the right of recourse and the quality of justice. The study of retrial proceedings will also clarify the way in which the administrative judges perceive ‘res judicata’, which might be different than the one applied in civil courts.For this study, it seems obvious to take into account the different elements of Administrative Litigation Law, in the light of civil and penal procedures, and also European Procedure Law. The goal is to research in these subject areas using secondary 20th and 21st century sources, from a theoretical and practical point of view. And through this critical analysis see how the concept and its foundations are being applied and how the theoretical corresponds to the practical. The idea behind it is to try to develop a framework in order to simplify the procedure for the litigant, for the proper administration of justice and the public service of justice.mots-clés : Authority,Res,Judicata,Litigation,Administrative,Retrial

Extraordinary remedies in the civil procedure Abstract This thesis deals with extraordinary remedies in the civil law system. First, the thesis provides a definition of each remedy system and a brief description of the main principles on which the remedy systems are built. Then, in chapters three to five, the thesis discusses the individual extraordinary remedies, with particular attention paid to the extraordinary appeal due to its privileged position among the remedies. The extraordinary appeal is followed by a discussion of the action for nullity and then the action for retrial. The positive legislation in Act No 99/1963 Coll., the Code of Civil Procedure, as amended, regulates the action for a declaration of annulment and the action for a retrial together in chapter four. Therefore, chapter five of this thesis deals in particular with the exceptions to the action for a retrial. Chapter six of this thesis aims to present the analogical institutes of extraordinary appeal in the German and Austrian legal systems, which is in particular the revision. In particular, the chapter discusses the conditions under which a given remedy is admissible and presents some specific institutes of the analogical legal systems. Chapter six concludes with a comparison of the frequency of pending appeal/review cases with the...

Action for retrial and for nullity Abstract This diploma thesis deals with action for retrial and for nullity. The aim is to provide a systematic interpretation about both of these institutes and characterize them in a system of extraordinary remedies. Although both of them are regulated in part four chapter two of the Act No. 99/1963 Coll., Civil Procedure Code, as amended, their respective purposes are completely different. Action for retrial serves for a remedy of factual defects as a final decision could not stand due to a fundamental change of facts whereas action for nullity serves for a remedy of important procedural defects which affected court decision itself or proceeding preceding it. Both institutes can challenge a final decision and break the legal certainty brought by it. This diploma thesis contains four chapters. The first of them deals with remedial systems and remedies containing a brief characteristic of individual types of remedial systems and remedies. The second chapter addressing action for retrial and the third chapter dealing with action for nullity represent main parts of the thesis. Division into subchapters is almost identical for both of them and the subchapters cover the following topics: historical development of both institutes, conditions of and grounds for admissibility,...

Action for retrial Abstract This diploma thesis deals with issues of action for retrial. Its aim is to describe contemporary form of this extraordinary remedy how as it is regulated in the act No. 99/1963 Coll., Civil Procedure Code., carry out its comparison with Slovakian regulation and with the substantive intent of the Civil Procedure Code and also submit solution to some aspects of possible future regulation. The thesis is divided into five chapters. The intention of the first chapter was to introduce basic terms and system, which includes action for retrial is its part. Part of this chapter is also dedicated to brief historical excursion, which tackles development of remedies since 1781 until publication of substantive intent of the Civil Procedure Code in the 2020 version. The second chapter covers the action for retrial itself. Its subchapters gradually analyse individual elements of this extraordinary remedy in the form of admissibility, the grounds for bringing the action, persons entitled to bring action, time limits, particulars of the action, proceedings and decisions on it, costs of the proceedings and court fees, as well as the issues of the status of action for retrial among other extraordinary remedies. The third chapter concentrates on comparing the Slovakian Civil Procedure Code with...

The common law right of the accused to be protected against double jeopardy recently acquired constitutional status in South Africa. Although South African courts previously applied this rule in various procedural contexts, there has been very little critical discussion of the values on which the rule is based. Nor have all contexts in which the rule should be applied been recognised. In the light of the new constitutional dispensation, it has become necessary to identify and analyse the values which determine the application of the rule. This thesis addresses the treatment of various aspects of double jeopardy in other constitutionally·grounded jurisdictions. Double jeopardy jurisprudence in the jurisdictions of England, Canada, India, Germany and the federal system of the United States of America is considered on a comparative basis. The historical origin and development of the rule are considered first. This is followed by an assessment of the current application of the rule in the various jurisdictions. The study demonstrates that South African courts have relied largely on outdated principles derived from English common law, rather than applying the rule by focusing on the values that underlie the rule. This approach has become unacceptable in the new constitutional dispensation, inter alia, because a teleological, value·orientated interpretative approach has been adopted by the Constitutional Court. This thesis indicates which of the principles that developed in foreign constitutional double jeopardy jurisprudence may be of value in developing an appropriate body of South African constitutional double jeopardy principles. Proposals are made for future implementation of the rule in various procedural contexts. These suggestions include constitutional interpretation, legislative amendment and re·evaluation of various common law principles of criminal procedure / Criminal & Procedural Law / LL.D. (Criminal & Procedural Law)

The common law right of the accused to be protected against double jeopardy recently acquired constitutional status in South Africa. Although South African courts previously applied this rule in various procedural contexts, there has been very little critical discussion of the values on which the rule is based. Nor have all contexts in which the rule should be applied been recognised. In the light of the new constitutional dispensation, it has become necessary to identify and analyse the values which determine the application of the rule. This thesis addresses the treatment of various aspects of double jeopardy in other constitutionally·grounded jurisdictions. Double jeopardy jurisprudence in the jurisdictions of England, Canada, India, Germany and the federal system of the United States of America is considered on a comparative basis. The historical origin and development of the rule are considered first. This is followed by an assessment of the current application of the rule in the various jurisdictions. The study demonstrates that South African courts have relied largely on outdated principles derived from English common law, rather than applying the rule by focusing on the values that underlie the rule. This approach has become unacceptable in the new constitutional dispensation, inter alia, because a teleological, value·orientated interpretative approach has been adopted by the Constitutional Court. This thesis indicates which of the principles that developed in foreign constitutional double jeopardy jurisprudence may be of value in developing an appropriate body of South African constitutional double jeopardy principles. Proposals are made for future implementation of the rule in various procedural contexts. These suggestions include constitutional interpretation, legislative amendment and re·evaluation of various common law principles of criminal procedure / Criminal and Procedural Law / LL.D. (Criminal & Procedural Law)

Action for retrial and for nullity Abstract This diploma thesis presents two institutes of Czech civil procedural law - an action for retrial and an action for nullity. Both actions are considered extraordinary remedies under Czech law and both can challenge a final court decision. An action for retrial serves to rectify defects in factual findings; an action for nullity serves to rectify procedural defects. Specific court decisions of the district, regional, and high courts are demonstrated in the thesis and prove that despite the scarce employment, the position of the actions within the legal system is justified and deserved. Both actions can further be found, slightly modified, in the upcoming new Civil Procedure Code, which should in the future replace the current Civil Procedure Code. The thesis presents several partial aims and one main aim. The partial aims are to introduce to the reader the actions for retrial and for nullity, to analyse their frequency and the reasons for which the actions were granted, and to make a comparison of Czech and Swedish civil procedural law. Fulfilling the partial aims accomplishes the main goal of the thesis: to provide a critical analysis of the substantive intent of the Civil Procedure Code based on the acquired knowledge. The diploma thesis is divided into six...

Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...