On the Effect of Administrative Remedy:A Case Study of Drunk Driving Ban

• Main Authors: WANG, MING-DAO, 王民道
• Other Authors: CHEN, CHENG-KEN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/j68te5

碩士 === 國立高雄大學 === 高階法律暨管理碩士在職專班(EMLBA) === 105 === It is demended that people their basic rights (such as: the right to freedom, the right to work…etc) which are protected by constitution. Hovever, the government employees comply public rights which are equipped with fair, credibility, and justice as principle in the legal system of country and have obligation rights to excute the laws. Furthermore, the government employees may have some distinct aspects to comply the same regulation. As a result, there are different situation of excutive and different excutive jundication which happened. Not only people lose their rights but are the government also involved in such a disorder procedure of the laws. Whats worse, people feel fruatrated at the administration of public rights because of the government employees existing distinct aspects for excutive situations. It also damages the image of governments cridibility. Formulating the laws which the public rights should be assurd and carried out is to protect people basic rights. Therefore, it is required that our national policies and regulations be smoothly. In addition to the laws specified, the government employees comply the laws and people abided by the laws. At the same time, it will be derived from administrative litigation and administrative remedy. The government provides the administrative ligitgation for people but it may not be remedy for all to people. People can demand their basic rights when their rights are loss or unresonable for the government of excutive administration. Let the court back to the reality and make the case justify. The points of this paper are discussed about drunk driving banned and cases of adjudication in their daily life. Trying to make balance between people basic rights and administrative obligation when people apply litigation.