A Study on the Oral presention and Argument for Taiwan's Administrative Appeal Arising from the Perspective of due process.

• Main Authors: Chen, Yu-Feng, 陳由芬
• Other Authors: Lih-torng Chen, Ph.D
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/74830686064494910935

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 103 === An equitable due process is undoubtedly an indispensible element of Substantive participation. The citizen’s rights to participate in legal process shall be based on acknowledging of the details on perspective of due process. Therefore, guaranteeing theirs rights to have access such information is essential. The just due process is originated from rules of natural justice. Both United Kingdom and the United States of America has came out with the principles of “no man a judge in his own cause” in their perspective of common law, alone with the right to a fair hearing, furthermore showing a nation is responsible of proving it’s citizens to be treated fairly by explaining the meaning behind “fair procedure”. No one’s life, freedom or property shall be taken away without given a proper hearing to argue for his/her rights. This study well cited interpretations from Grand Justices of the Judicial Yuan towards due process of law along with extensive evidences from legal precedents generated by Supreme Court of the United States, jointly examining the current implementation status for opinion via statement and oral argument according to Taiwan’s Administrative Appeal Act; meanwhile, it reviewed that the administrative appellant’s right of hearing as provided in the aforesaid Act focused more on the reinforcement of administrative effectiveness and administrative self-checking effect, but deems people who file an administrative appeal to initiate self-supervision of administrative body as an object, which may violate the purpose of human dignity and human right protection without equally emphasis of remedy function. This article considered that the appeal system in Taiwan authorizing important opinion via statement and oral argument in the contents of legal procedure to the agency with jurisdiction of administrative appeal to decide at its discretion if it should give administrative appellant an opportunity to pose his/her opinion via statement and oral argument did not fully protect people’s right, and obviously violate not only the duty of administrative remedy expressly entrusted by the constitution, but also the scope of basic procedure right given by the constitution. The appeal system should return to the nature of remedy to practice due process for the protection of human rights and respect of human dignity based on “man itself is purpose”, realizing the state is set up for the people not that the people exist for the state. Consequently, the state shall not degrade the people to be an object or mean for its ruling function, but actively try its effort for the well-being and improve people’s interest. As result, this article concluded opinion via statement and oral argument as stipulated in Administrative Appeal Act should be amended, allowing the administrative appellant to fully enjoy the basic procedure right of the constitution.