| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === Administrative actions of administrative authorities will affect people’s rights and interests; besides, it will not only have an impact on the individual but also the Stakeholder. However, experts and scholars have a different opinion on whether the Stakeholder has legal rights and interests or not. The reason is it is hard to judge the administrative relief of Stakeholder, while their rights and interests have infringed. In particular, the Administrative Litigation Law in Taiwan does not include the Administrative Suit Act 9, Public Interest Suit. Hence, it is more difficult to judge the interest relationship of the Stakeholder while it involves environmental public issues. This paper mainly analysis the administrative relief arising from the Stakeholder, including total of six chapters:
Chapter one is the introduction; it explains the motivation of this thesis, the scope of the study, research objective, research methodology and findings.
Chapter two is the administrative actions affect the rights of a Stakeholder in public law. It analyses the legal norms of administrative actions and stakeholders, the meaning of subjective public rights, theory and application for instructions.
Chapter three is to discuss the appeal of the Stakeholder. It illustrates with traditional appeal and modern appeal of the theory and discusses the meaning and functions of the judicial review and the extent of the Stakeholder’s right.
Chapter four is the practice of the Stakeholder interest petition. There is a case study of the spouse in Taiwan filed a petition for the people in China. It discusses whether the legal interest existing and the parties qualified. Furthermore, it examines petitions which environmental assessment cases of administrative authorities and identifies the Stakeholder has a legal interest in the relationship or not.
Chapter five is Exception - eligibility for public interest litigation in the Stakeholder. It mentions about the concept of public interest litigation, the characteristic, the foundation of the Act and the relationship of traditional administrative suits. Also, it illustrates the legal norms of environmental public interest litigation in Taiwan.
Chapter six is the conclusion. It provides the legal and practice contributions and findings upon the Locus Standi of the administrative relief arising from Chapter five is an eligibility for public interest litigation in the Stakeholder. Moreover, it found the problems and recommendations as references for future studies.
|
|---|
