To supervise the executive authorities to strengthen their public services and to deal with pleading cases effectively, The Executive Yuan promulgated ¡§the executive authorities dealing with pleading cases major points¡¨ in 1973 which was following amended in 1984, 1995. Nevertheless, while the ¡§Administrative Procedure Act¡¨ (APA) announced in 1999, this essentials was found its inconsistent with Article 150 ¡¨ the content of regulations and orders should stipulate the basis of its legal authority, and shall not exceed the scope authorized by law and the spirit of the legislation¡¨ and Article 15, Section 1, Paragraph 2 ¡§any regulation and order without authorized by law and deprive or limit people¡¦s freedoms and rights is void". In APA Article 174-1 "before implementation of this Law, the executive authorities according to the Central Regulation Standard Act: those have to be regulated by law or stipulate its legal authority shall be modified or specified by mandated regulations or stipulate its legal authority within two years after the implementation of this Act; overdue failure¡¨ and Article 175 ¡§the implementation of this Act (APA) starts from 1 Jan, 2001¡¨. Thus, according to the APA Article 170, Section 1, the Executive Yuan re-amended the 1973¡¦s ¡§the executive authorities dealing with pleading cases major points¡¨ to ¡§the Executive Yuan and its organs dealing with people¡¦s pleading cases major points¡¨, subtitle with ¡§All level authorities affiliated to Executive Yuan provide services for the people major points¡¨ in May 25, 2000. The APA has been implemented since 1 Jan, 2001. There is chapter 7 ¡§Pleading¡¨ is related with people¡¦s petition and its legalization.
The appropriateness of pleading law making process is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Furthermore, practical implementation and suggestions for regulations and actions concerning executive authorities to deal with pleading cases are provided to achieve the goals of protecting people¡¦s right and maintaining social orders as well.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0821109-133845 |
| Date | 21 August 2009 |
| Creators | Hsieh, Goang-lin |
| Contributors | Cheng-shan Liu, Yang-chen Yan, Shuai-liang Deng |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0821109-133845 |
| Rights | restricted, Copyright information available at source archive |
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