A Study on Special Relationship in Law of the Civil Service’s Freedom of Speech

• Main Authors: YinHsiu Cheng, 鄭尹秀
• Other Authors: Jeng-Rong Shyu
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/53397702429759865943

碩士 === 國立中山大學 === 中國與亞太區域研究所 === 101 === The freedom of speech is the basic human right stipulated in the article 11 of the Constitution.The public servants should have the freedom of speech as citizens; however, nation must have to make restrictions to the public servant for preventing the public benefits from damage while exercising the public servants'' right.Nation must make restrictions to the basic rights of civil servants for the special power relationship between them in the past. However, the Council of Grand Justices announced that the content of special power relationship was replaced by " Special Relationship in Law ", which means that Nation have to make restrictions to the basic rights of civil servants under the consideration of public benefits. 　　After discussion, it is explored that the restriction to the freedom of speech of civil servants is not only related to their exercising authorities, but also related to the national or public benefits.Through the analysis of theoretical reserches and cases, it is regarded that the restrictions of the freedom of speech to civil servants are resulted from Civil Servant Work Act 1, Act 2, Act 4, Act 5, and the Public Servants'' Administrative Neutrality Act.In other words, civil servants can not have the same freedom of speech as the ordinary citizens in the Republic of China.