A STUDY ON TEMPORARY REMEDY SYSTEM OF CIVIL SERVICE PROTECTION ACT

• Main Authors: CHIH-YIN LIN, 林致吟
• Other Authors: TUNG-JUI CHANG
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/41077592103447728286

碩士 === 國立中央大學 === 法律與政府研究所 === 100 === With denotation formed from J.Y .Interpretation No.653 and No.684 being made by Grand Justices, special power relationship（besodere Gewaltverhältnisse）seems to be broken through. The consequence may affect the opinion of Supreme administrative courts, and it may be in conflict with Civil Service Protection Act .This thesis mainly discusses that whether Civil Service Protection Act should be reformed about suggestions for injunctions and how its suspension of enforcement should be apply after the special power relationship（besodere Gewaltverhältnisse） has been break through. Moreover, this thesis generalizes the decisions on Temporary remedy system, which is made by Supreme administrative courts, to illustrate the content and criteria about element of Temporary remedy system. And the Civil Service Protection Act can compare with Administrative Litigation Act to construct the detailed provisions of Judicial remedy .After analysis of the Civil Service Protection cases, I comment that Legal reform may introduce injunctions system), and propose to extend another deliberation category of litigations as Administrative Actions for Effecting. In addition, the analysis —how does the suspension of enforcement system operate ,can refer to the balancing test ,which is the examination model by the Supreme administrative court in Taiwan. The balancing test is also introduced by comparative law ,which plays a particularly influential role to avoid a mere consideration of interest. Such reform could help Our legal system to achieve the objectives -“where there is a right , there is a remedy ” ,which appear in Article 16 of Constitution Law ,as well as the purpose of Civil Service Protection Act regulates that“attempts to ensure protecting the rights and interests of civil servants, and provides efficient right-protection ”.