Mandatory Enforcement of Overdue PaymentObligations Set in Public Laws: Comparative Studies Across the Taiwan Strait

• Main Authors: ming-hsiu lai, 賴明秀
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/z3q365

碩士 === 東吳大學 === 法律學系 === 96 === In terms of public law, the injunction system for monetary payment obligation is that the administrative agencies pursuant to administrative laws shall resort to injunction procedure against the estate of the people who defaulted on their monetary payment obligation with public law character arising from certain reasons. Such an injunction system is a matter related to the execution of government power and the fulfillment of administrative purpose. Germany, Japan and other industrialized countries all pay high attention to the injunction system. However, the research on the injunction system due to the default of the monetary payment obligation with public law character has not been touched by critics or academics between the Republic of China and People’s Republic of China ( the “Cross-strait”). Specifically, the research shall include the fundamental theory, legal system and the difference of the injunction system on the Cross-strait. It therefore motives of this study to have the Cross-strait’s injunction system examined in-depth. Accordingly, the study first analyses the definition of the monetary payment obligation with public law character on the Cross-strait. In order to establish fundamental concept of the monetary payment obligation with public law character, the analysis comprise of the scope of monetary payment obligation and the evolution of the theory of the administrative injunction. Secondly, to understand the causes of the formation of the theory regarding monetary payment obligation with public law character on the Cross-strait, the study discusses the origin and the evolution of theory, the history of regulation, and the change of laws. The study also tries to find out a path for the controversial issues among the current executing system. Moreover, the study would like to shed more light on the basic principle of the monetary payment obligation with public law character on the Cross-strait. Thirdly, based on the aforementioned understandings, the study focuses on the execution subject, the execution object, the execution title, the injunction procedure and the appealing process for the interesting party who does not agree with the injunction order in relating to the monetary payment obligation with public law character. Fourthly, the study introduces the newly drafted “Administrative Injunction Law” of the People’s Republic of China, which includes the execution subject, the execution object, the execution procedure, and so on. It is in the hope that we will be able to follow the changing step of legal system about the monetary payment obligation with public law character in the People’s Republic of China. Lastly, the study does comparative analysis in literally on the main differences of the Cross-strait’s injunction system regarding monetary payment obligation with public law character. The result of the analysis shows the reasonable evaluation and pro and con of the Cross-strait’s injunction system regarding monetary payment obligation with public law character, intending to provide valuable advice and reference to the academics.