The Study of the Reasons of Reexamination and Administrative Litigation over Civil Service

• Main Authors: Cheng, Hsiang-Mei, 鄭相玫
• Other Authors: Chuang, Kuo-Jung
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/b9g984

碩士 === 國立政治大學 === 公共行政學系 === 106 === This study investigated the event that when a civil servant refuses to accept an administrative injunction, the original disciplinary agency requests for deliberation from the Civil Service Protection and Training Commission (CSPTC), and the CSPTC resolved to revoke the injunction. This study analyzed and categorized factors involved in such event and further explored the factors involved in the event that when the said civil servant rejects the decisions regarding the deliberation made by the CSPTC and thus files an administrative litigation case, but the administrative court revokes the case or issues another legal injunction. By examining administrative agencies’ personnel-related decisions that infringe upon civil servants’ rights, this study investigated the operation of Taiwan’s governmental personnel system. Through the process of CSPTC re-examining the case, this study observed the aspects considered by the CSPTC when they made decisions, attempting to analyze whether the current deliberation system is comprehensive and can fully protect civil servants’ right of administrative remedy. In recent years, the grand justices of the Judicial Yuan achieved a major breakthrough regarding the administrative remedy right in the special power relationship. Therefore, if civil servants’ administrative remedy right is expanded, the government’s personnel management may be affected, which thus requires attention. This study is expected to guarantee civil servants’ right of legal actions and provide personnel management with opportunities for independent judgment and discretion. In this study, literature analysis, statistical analysis, and in-depth interview were conducted. Through reviewing the re-examination decisions made by the CSPTC and the judgment made by the administrative court, this study categorized the protection events into various types and collected and reviewed related literature, thereby analyzing the causes for CSPTC’s re-examination decisions and administrative court’s decisions of revoking the original administrative injunction and categorizing the identified causes. Accordingly, relevant suggestions were proposed.