A Study on Discretion of National Communications Commission and It,s Remedies

• Main Authors: Chen, Shin-Shou, 陳信守
• Other Authors: Chen Yao-Hsiang
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/31822525725942349377

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 104 === The independent agency is the widely accepted institutional choice when a modern democratic state reinventing its government, in order to cope with the transition in the roles played by the state and the functions of the government, and to make impact on the policies.This study will discuss the problem of N.C.C.’s reculative discretion and the density of judicial review. The standard of judicial review toward N.C.C.’s decision or administrative disciplinary actions will distinguish independent agencies and administrative organizations or not. If the administrative court will distinguish it, then what context of the new standard will the administrative court propose.It also examines examples of establishment and operation of similar organizations in Germany, and provides suggestions to be used for reference during future legislative and operational activities for N.C.C.