Our country administration hearing power studies

• Main Authors: Jou Jenn Lai, 周振騋
• Other Authors: 朱春生
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/50068956137164668685

碩士 === 佛光大學 === 公共事務學系 === 95 === Administration hearing system is the source in British and American law nature justice and the right legal proceeding, but about this system, our country in January 1, 2001, started officially along with the announcement execution of administrative procedural law. So-called “the hearing power” may divide into official “the oral proceedings” procedure and unofficial “the statement opinion” procedure, our country named it as “the hearing” and “opportunity of the statement opinion”, will make a general reference administrative before the administration decision, it will be supposed to give the litigant to answer, the argument or the explanation opportunity However, the goal of the administrative procedure establishment is not only request the government to make the correct matter, but also request government correct working. Therefore, hearing system is the core for right administrative procedure, and also the main program standard for administrative procedural law foreign face, then becomes the most important pipeline for people to participate in the administration with maintaining own rights and interests That means people only by direct participation the penetration in hearing power that can have the direct interaction and the communication relations between the administrative organ, That’s why” The hearing power” regarding the people's right safeguard, appears the more and more important under the nowadays space and time environment, However this article is base on the present administrative organ's legal precedent of implementation present situation as well as in the administrative court that, related “the hearing power” the knowledge and the information propagation velocity appears to slow, the majority of administrative organ still has point of view of its resistance. As well as legal itself is insufficient standard of regarding the hearing power, although all creates the administrative hearing power in our country to look was seeming to be procedure of construction a set of integrity, the regulations still everywhere appeared in the utilization stagnate the it is difficult to do. For the effective addressing hearing system in implementation the difficulty, this article believed that, refers to America, Germany in the implementation hearing power aspect transformation, carries out the situation actually with Our country Administrative organ, should analogize in the administrative law the important theory. All affects significance the people's rights and interests, no matter what kind of administrative action all should decide by the legal direct law, should hold the hearing. Otherwise, when affects the people's rights and interests lightly, then should consider whether there is other to be able to achieve of process of substitution the same function, but by the unofficial hearing procedure like statement opinion, in of administrative action with the people's correlation decided or before implementation, all can give the people to have simpler more and direct also can safeguard its rights and interests the way, by its feasibility and the usability, gives the people to express opportunity of the meaning.