A Study on the Legitimacy of Administrative Discretion Focusing on the Case Study of the Abuse of

• Main Authors: CHEN REI-LIN, 陳瑞鈴
• Other Authors: Chung-mo CHENG
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/39211608970756530463

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === I am a business owner in the transportation industry. The transportation industry is related to the public sphere, therefore, it is also Involved with the government affairs. In 2009，Ying-Jeo Ma, the former mayor of Taipei City，made a policy mistake to force the shuttle-bus owners who operated their business on Cheng-De Road to move to the D1 transit terminal at Taipei Station. After merely three years, in 2012, the city government again requested the shuttle-bus owners to move to Chung-Xiao West Road (the current operating center). The city government issued 1:756 tickets to Aloha Transportation Company (hereafter Aloha Co.), which means the ticket was issued every 2 minutes for 12 hours. The Aloha. Co. appealed, but the court rejected‘ Based on the fact above, I would like to focus on the study of the reckless of administrative conduct as the thesis' main subject. Chapter one includes the motivation and background of this study. In Chapter two, I will demonstrate the development of administrative law in Europe, and will divide it into two sections: Mission of the state and mission of the government administration. I will also introduce the traits of traditional administrative- laws, contemporary administrative laws，general principles of contemporary administrative laws，and the historical development of administrative laws. In Chapter three, the discussion on the flaw of administrative discretion is the key. I will further analyze how the system may cause the flaw of administrative conduct and the reckless of judicial verdict. In Chapter four, the study will focus on what is the solution to mitigate the issues above. The reckless of administrative conduct will be categorized in this chapter. This thesis will adapt German law's theory instead of common law, and will categorize these conducts into three categories: ultra vires of administrative discretion, the abuse of administrative conduct, and the idleness of administrative conduct. These will all be subject to administrative supervision and judicial review. In Chapter five, the different dispositions on the flaw of administrative discretion between common law and German law systems will be discussed, how the law systems and practices are differently implemented in the society will also be addressed. In Chapter six, I will provide two case studies to be reviewed by the general principles of administrative laws. However, I will conclude that judicial verdict should be applied after administrative conduct (the principle of administrative-conduct-first). Even though it is specu-lative since some cases may be involved in the core issue of human rights. In Chapter seven, I will make an overall conclusion and propose some recommendations to the current system.