Study on The Foundation Status of a Duration Effect of Administrative Decision changes after it was made

• Main Authors: WU, YU-CHEN, 吳語蓁
• Other Authors: HONG, JIA-YIN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/9npmns

碩士 === 東吳大學 === 法律學系 === 105 === The word of “A duration effect of Administrative decision” (DA) is clearly acted in Article 128I (1) of the Administrative Procedure Act (APA) in our country. However, what does “The durative effect” means, and what does the different between “The durative effect” and “The effect of Administrative decision”, it’s still a question. Based on the Theories and the Practice development of German and our country, this paper describes the meaning of “A durative effect”, and introduces the comparison with some confusing concepts. Furthermore, this paper tries to draft the image of author’s think about DA. After presenting a clarification of basic concepts, due to the duration of DA, the foundation status could change afterwards, in that time, the original legal situation may turn into illegal, what steps should the Administrative organ and the Court take is an important issue for researching. Because the concerns of administrative proceedings and judicial proceedings are difference, the discussion of Chapter III is divided into two parts. Moreover, Chapter IV&V distinguishes two kinds of the foundation status change, “Favorable change and “Adverse change” (FC, AC). The focus on FC is the discussion of Reopening of Administrative Proceedings, this section reviews the appropriateness of Article 128I (1) of APA. The focus on AC is the claim for returning unjustified enrichment in public law. The author considers whether the Administrative organ has this right, what is the proper returning range and how to takes the legal action. Chapter V also discusses the amendment of Article 127III of APA. Finally, writing a summary in Chapter VI. Hope the readers could understand the topic concept more clearly after reading this paper.