A Study on the Due Process Doctrine and Hearing Practice- with focus on the Hearing Process for Trade Relief in the ROC

• Main Authors: Jen, Sheng-Chuan, 任勝全
• Other Authors: Eric S Hung
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/na9a79

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 102 === Taiwan has joined the World Trade Organization since January 1, 2002 and opened import market, domestic economic development has been seriously challenged. Through import relief, trade remedy measures are taken to carry out industrial injury investigation, in order to facilitate administrative decision made to defend our industries and adjust to trade liberalization, the implementation of Additional Articles of the Constitution of The Republic of China in Article 10, Paragraph 3: " The State shall assist and protect the survival and development of private small and medium-sized enterprises. " is for the purpose of this thesis. Administrative authorities follow the provisions of the Administrative Procedure Act to hold hearings rarely. Hearing is one of the specific content of the common law principles of natural justice: " Audi alterampartem " philosophy, This study describes the administrative hearing in addition to the United States, Britain and Germany legal systems, our practical import relief and anti-dumping cases also for discussion, and refers to administrative law judge and administrative protection order in the United States; and explores the procedural openness of the Administrative Procedure Act section 59. Finally, this study analyzes based on Trade Commission Hearing Notice to discuss the existing trade remedy procedures, it is found that the provisions should be appropriate to amend the procedures to meet the due process of law. Keywords：import relief, administrative decision, hearing, the administrative law judge, administrative protection order, trade secrets.