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1
Carlucci, Sarah. "La trasferibilità delle autorizzazioni e concessioni amministrative." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0140.
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La thèse vise à explorer les questions relatives au transfert, entre sujet privés, des autorisations et des concessions administratives, avec une attention particulière pour les activités liées aux services de santé, où il est particulièrement difficile de trouver un équilibre entre opposes intérêts, publics et privés.La modification subjective dans la relation juridique entre l’Administration Publique et le titulaire de l’acte administratif, qui est remplacé par un nouveau bénéficiaire, doit être lu comme un acte juridique ontologiquement lié au transfert contextuel, inter vivos ou mortis causa, de la situation juridique subjective qui justifie l’intérêt légitime à être titulaire de l’acte administratif favorable. En effet, le transfert d’une activité entrepreneuriale perd son sens juridique, économique et social si l’acheteur ou le successeur universel ne peut pas bénéficier de l’autorisation ou de la concession nécessaire pour exercer effectivement l’activité en question. Mais, si le sujet privé est clairement en faveur d’une libre transférabilité de l’acte administratif, on doit également prendre en considération les intérêts publics protégés par l’acte administratif, intérêts présents non seulement au moment de la délivrance de l’acte mais aussi au moment de transfert de l’activité autorisée ou concédée.Actuellement la jurisprudence administrative continue de considérer les actes administratifs unilatéraux comme strictement personnels, déclarant qu’il n’est pas possible de transférer des autorisations ou des concessions à un nouveau bénéficiaire parce qu’elles sont accordées intuitu personae, c’est-à-dire en considération de la personne du bénéficiaire. Toutefois, s’il est clair qu' on ne peut pas parler de transférabilité pur ces autorisations et concessions qui dépendent de qualités strictement individuelles, il ne semble pas y avoir d’obstacle valable au transfert d’une autorisation ou concession accordées exclusivement ou principalement en raison de l’activité objective à laquelle elles se réfèrent. La transférabilité d’un acte administratif unilatéral dans lequel le potentiel économique et la présence de prérequis techniques sont plus importantes que des qualités strictement personnelles pourrait alors être reconnu, sans menacer l’intérêt public, qui reste protégé par le fait que la cession de l’acte administratif c’est ne pas une simple commercialisation entre sujet privées, mais c’est un acte juridique qui ne peut exercer ses effets qu’après la délivrance d’une autorisation spécifique par l’administration publique compétente. Cette intervention administrative est lue par la jurisprudence comme la délivrance d’une nouvelle autorisation mais on pense qu’elle devrait être interprétée et réglementée comme un contrôle préventif du respect des seuls éléments réellement subjectifs requis par la loi, parce que s’il y a une cession contextuelle de l’entreprise, en tant qu’ensemble organisé de biens et de ressources humaines, la conformité de l’activité au regard des critères qualitatifs et quantitatifs prédéterminés par l’administration publique a déjà été appréciés au moment de l’émission de l’acte administratif et peut, tout au plus, être l’objet de contrôles périodiques ordinaire effectués par les administrations compétentes, visant à vérifier le respect effectif des conditions fixées dans l’acte administratif transféré.Les transferts des autorisations et des concessions sont des opérations comportant un risque juridique d’une importance particulière, qu’il convient de connaître et d’analyser pour mieux le gérer. Le but de la recherche est d’examiner s'il existe des critères généraux et communs qui peuvent être utilisés pour résoudre les problèmes théoriques et pratiques liés au transfert des actes administratifs tant pour les activités<br>The research aims to investigate the problems relating to the transfer of administrative acts between private subjects, especially with attention to activities related to health services, where it is difficult to find a balance between conflicting interests,The subjective change in the legal relationship between the Public Administration and the holder of the administrative act, which is replaced by a new beneficiary, must be read as a legal act ontologically linked to the contextual transfer, inter vivos or mortis causa, of the subjective legal situation that justifies the legitimate interest in being the holder of the favorable administrative act. Indeed, the transfer of a commercial activity loses its legal, economic and social significance if the buyer or the universal successor cannot benefit from the administrative act necessary to effectively carry out the activity. But, if the private subject is clearly in favor of a free transferability of the administrative act, it is also necessary to take into account the public interests protected by the administrative act, interests present both at the time of issue of the act and at the moment of the transfer of the authorized activity.Currently, administrative jurisprudence continues to consider administrative acts as strictly personal, stating that it is not possible to transfer an administrative act to a new beneficiary because it is issued in consideration of the person who benefits from it. However, if it is clear that we cannot speak of the transferability of those administrative acts that depend on strictly individual qualities, there seems to be no valid obstacle to the transfer of an act issued exclusively or mainly by reason of the objective activity to which it refers. The transferability of an administrative act in which the economic potential and the presence of technical prerequisites are more important than personal qualities could therefore be recognized, without threatening the public interest, which remains protected by the fact that the transfer of the administrative act is not a simple marketing between private subjects, but it is a legal act that can exercise its effects after issuing a specific authorization by the competent public administration. This administrative intervention is read by the jurisprudence as the issue of a new authorization but we believe that it must be interpreted and regulated as a preventive check only of the subjective elements required by law, because if there is a contextual transfer of the commercial company, such as an organization of resources, the compliance of the activity with the qualitative and quantitative criteria predetermined by the public administration has already been verified at the time of the issue of the administrative act : it would rather be necessary to subject the activity to subsequent periodic effective checks carried out by the competent administrations, aimed at verifying the compliance with the conditions set out in the transferred administrative act.Transfers of administrative acts are operations that involve significant legal risk, which should be understood and analyzed to best manage it. The aim of the research is to examine whether there are general and common criteria that can be used to solve theoretical and practical problems related to the transfer of administrative acts, with reference to private commercial activities and public service activities
2
Dixon, John. "The reform of the Australian Public Service : commercialisation and its implications for public management education /." View thesis, 1995. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030818.114628/index.html.
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Brennan, Timothy J. "Aligning Investigative and Enforcement Services (IES) with the Government Performance and Results Act." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1999. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1999.<br>Source: Masters Abstracts International, Volume: 45-06, page: 2934. Typescript. Abstract precedes thesis as 2 preliminary leaves. Includes bibliographical references (leaves 59-66).
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Hona, Zakuthwani Alfred. "The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32278.
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Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the Constitution. Section 32 of the Constitution also guarantees to everyone the right of access to information. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) was promulgated to give effect to this fundamental right as contemplated in s 32(2) of the Constitution. This thesis considers the extent to which the provisions of PAJA may be applicable to the actions of the South African Legal Practice Council (“the LPC”). It also considers the extent to which the provisions of PAIA may be applicable to the records of the LPC. Some remedial legislative amendments to the provisions of both PAJA and PAIA are recommended with the view of addressing certain identified legal obstacles. The proposed legislative amendments will enhance the exercise, realisation, enforcement and protection of both the right to just administrative action and the right of access to information.
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Abulaban, Albara A. "The Saudi Arabian Arbitration Regulations : a comparative study with the English Act of 1996 and the Arbitration Scotland Act of 2010." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/22938.
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Today we live in a world where international trade accounts for a significant proportion of the daily trade for an enormous number of companies and institutions. The number of international commercial deals that are made every day is countless. The sheer scale of international trade invariably results in an increase in the number of disputes between international partners. However, where there are problems, methods to resolve the disagreements will invariably appear. One of the main and mostly preferred methods is arbitration. Arbitration is preferred for it is convenient and cost-effective method to resolve disputes between business partners. Saudi Arabia has recently reformed its Arbitration Regulations through the implementation of new regulations in 2012. This replaces previous regulations dating from 1983 and the implementation rules of 1985. This thesis examines, analyses and criticises these regulations and compare them to the English and the Scottish arbitration laws. Throughout this study, the old Saudi regulations and implementation rules are examined in order to determine how the rule of arbitration worked in the country. Following this, the new regulations are presented to see what has changed and if there has been any improvement. This is subsequently followed by a discussion on the scale of the improvement and whether further improvements are required in Saudi Arabia. This thesis will also carry out a comparison with the English Act of 1996 and the Arbitration Scotland Act of 2010. The conclusion address and highlight the main differences between the regulations, when present and highlights what the Saudi legislator can benefit from the laws under consideration. One of the main aims of this study was to find if the Saudi Arbitration Regulations have improved and addressed the issues that concerned researchers and commentators in the past. The research finds that there are significant improvements in the Saudi regulations.
6
León, Luna Luis Miguel. "I demand an Explanation! ... The Importance of the Motivation of the Administrative Act." Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/117553.
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In this article, the author stresses the importance of the right to proper motivation in the context of administrative procedures. In that sense, he states that all public bodies are required to issue administrative acts duly substantiated, because this is a requirement which, if unobserved, generates the nullity of the act. But beyond to validate administrative act, the author argues that the main benefit of meeting the proper motivation lies in the improvement of the interaction between the taxpayers and the Public Administration, generating greater confidence in state activity and promoting the development of economic activities with increasing levels of formality.<br>En el presente artículo, el autor destaca la importancia del principio-derecho a la debida motivación en el marco de los procedimientos administrativos. En esa línea, afirma que todas las entidades públicas están obligadas a expedir actos administrativos debidamente fundamentados, pues este constituye un requisito de validez que, de ser inobservado, acarrea la nulidad del acto. Pero más allá de validar al acto administrativo, el autor sostiene que el principal beneficio de que se cumpla con la debida motivación radica en la mejora de la interacción entre los administrados y la Administración Pública, generando mayor confianza en la actividad estatal y propiciando el desarrollo de actividades económicas con cada vez mayores niveles de formalidad.
7
Bednar, Jeannine. "The extent to which review for unreasonableness is meaningfully incorporated in the promotion of Administrative Justice Act No. 3 of 2000." Thesis, Rhodes University, 2006. http://eprints.ru.ac.za/320/.
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Craig, Matthew A. "The exhaustive debate over administrative involvement as applied to the Americans with Disabilities Act." Honors in the Major Thesis, University of Central Florida, 2001. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/267.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.<br>Bachelors<br>Health and Public Affairs<br>Legal Studies
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Winkler, Ellis H. "An Administrative Perspective of the Job Training Partnership Act in Selected Counties in Tennessee." Digital Commons @ East Tennessee State University, 1986. https://dc.etsu.edu/etd/2831.
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The problem of this study was to determine if, in selected counties in Tennessee, differences in the noncompletion rate, the positive termination rate, and the job retention rate existed in categories of participants in the Job Training Partnership Act (JTPA). This study followed the ex-post-facto design. A personal data form was developed for the purpose of gathering data relative to the personal characteristics of participants enrolled in the JTPA on-the-job training program between July 1, 1984 and June 30, 1985. The findings reflect data gathered on all 1,005 participants in the program. The chi-square test was applied to all 27 of the hypotheses. The statistical analysis was intended to determine significant differences in the participants categorized by sex, age, education, public assistance, unemployment compensation, hours trained, and type of training, in Service Delivery Area 2 in Tennessee. The differences showing significance in the study warranted the following conclusions: (1) The age of the participants significantly affected the positive termination rate of participants in selected age categories, and it was determined that the 18-21 age category had more positive termination participants than expected. (2) A comparison of the positive termination rate and the job retention rate by age indicated a difference existed in that there were significantly more job retention rate participants than positive termination rate participants in all four age categories. (3) A significant difference was found in the job retention rate of participants enrolled in the JTPA on-the-job training program. There were significantly more job retention participants who received unemployment compensation than expected and significantly fewer participants who did not receive unemployment compensation than expected. (4) The type of training received does significantly affect the positive termination rate of participants in selected training categories. The manufacturing/factory assembly line category had significantly fewer participants than were expected. However, the sales/service category had significantly more participants observed than were expected.
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Hopkins, Elana. "Grounds for review of administrative action : the interaction between the constitution, the act and the common law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51779.
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Thesis (LLM)--University of Stellenbosch, 2000.<br>ENGLISH ABSTRACT: South African administrative law has undergone drastic changes since the inception of
the interim Constitution, which elevated 'administrative justice' to a constitutionally
entrenched fundamental right in section 24. Although the successor of this section, the
'must administrative action' clause in section 33 FC, did not enter into force on 5
February 1996 with the rest of the Constitution, it required more changes to
administrative law in the form of legislation, when read together with item 23 Schedule 6
FC. The two most significant factors that brought about change were the passage of the
Promotion of Administrative Justice Act 3 of 2000 in terms of section 33 FC read with
item 23 Schedule 6, and the ruling of the Constitutional Court in the Pharmaceutical
Manufacturers case.
This study shows that in order to give effect to the requirements of the Constitution, the
Promotion of Administrative Justice Act and the ruling of the Constitutional Court,
administrative law must be reorganised. When this happens, section 33 FC, which gives
force to the common law that informs administrative law, becomes the starting point in
administrative law matters. Although the Act exists under the Constitution and parallel to
the common law, Parliament foresees that the Act and the common law will in time
become one system of law. It further provides for the direct application of the
Constitution by those who cannot find a remedy in the Act.
The study further shows that, as not all the common law constitutional principles that
previously provided the common law grounds for review of administrative action have
been taken up by the Constitution, the possibility exists that some of the common law
grounds do not continue to be relevant to the review of administrative action. The Act,
which articulates the right to 'just administrative action' as viewed by government,
contains most of the common law grounds for review. It is therefore argued that, after
the Act has entered into force, the continued relevance of those that have been omitted
from the Act, needs to be determined before they can be used through the direct
application of section 33 FC. To test for relevance, the requirements in section 33(1) Fe, 'lawfulness', reasonableness'
and 'procedural fairness', are therefore interpreted in the study in order to determine
which statutory grounds relate to each and which common law grounds have been
omitted from the Act. The conclusion reached is that grounds available for the review of
administrative action consist of the statutory grounds for review together with the omitted
common law grounds that continue to be relevant to the judicial review of administrative
action.<br>AFRIKAANSE OPSOMMING: Sedert die inwerkingtreding van die interim Grondwet, wat 'administratiewe
gerigtigheid' tot 'n grondwetlike reg verhef het in artikel 24, het die Suid-Afrikaanse
administratiefreg drastiese veranderinge ondergaan. Al het die reg op 'n 'regverdige
administratiewe optrede' in artikel33 FG nie op 5 Februarie 1996 in werking getree saam
met die res van die Grondwet nie, het die klousule nog veranderinge, in die vorm van
wetgewing, vereis. Die twee belangrikste faktore wat veranderinge to gevolg gehad het,
was die aanneming van die Wet op die Bevordering van Administratiewe Geregtigheid,
Wet 3 van 2000, en die beslissing van die Konstitusionele Hof in die Pharmaceutical
Manufacturers-saak.
Hierdie studie bevind dat die administratiefreg heringedeel sal moet word om effek te gee
aan die vereistes van die Grondwet, die Wet op die Bevordering van Administratiewe
Geregtigheid en die beslissing van die Konstitutionele Hof. As dit plaasvind, word
artikel 33 FG, wat aan die gemenereg krag verleën, die beginpunt in
administratiefregtelike aangeleenthede. Al bestaan die Wet onder die Grondwet en
parallel tot die gemenereg, voorsien die regering dat die Wet en die gemenereg in die
toekoms een stelsel word. Daar word verder voorsiening gemaak vir die direkte
toegpassing van artikel33 deur persone wat nie 'n remedie in die Wet kan vind nie.
Die studie bevind verder dat, omdat al die gemeenregtelike konstitusionele beginsels wat
voorheen die gronde van hersiening verskaf het nie in die Grondwet opgeneem is nie, die
moontlikheid bestaan dat sekere van die gemeenregtelike gronde nie relevant bly vir die
hersiening van administratiewe handelinge nie. Die Wet, wat die reg op 'n '[r]egverdige
administratiewe optrede' verwoord soos dit gesien word deur die regering, bevat meeste
van die gemeenregtelike gronde van hersiening. Daarom word daar geargumenteer dat
die voortgesette relevantheid van die gemeenregtelike gronde van hersiening wat
uitgelaat is uit die Wet eers bepaal moet word voordat hulle gebruik kan word deur die
direkte toepassing van artikel 33 nadat die Wet in werking getree het. Om te toets vir relevantheid, moet die vereistes in artikel 33 FG, 'regmatigheid',
'redelikheid' en 'prosedurele billikheid' geïnterpreteer word om te bepaal watter statutêre
gronde onder elk klassifiseer en watter gemmenregtelike gronde uitgelaat is uit die Wet.
Die gevolgtrekking is dat die gronde van hersiening beskikbaar vir die hersiening van
administratiewe handelinge bestaan uit statutêre gronde van hersiening sowel as die
weggelate gemeenregtelike gronde van hersiening wat relevant bly vir die judisiële
hersiening van administratiewe handelinge.
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Phanyane, Namadzavho California. "The applicability of the promotion of Administrative Justice Act in review of CCMA arbitration awards." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1282.
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South Africa’s employment law has undergone more frequent and dynamic changes than any area of the law, in recent years. The ability of employers and employees to regulate their respective rights and duties vis-à-vis each other by independent agreement has been progressively whittled down by statutory intervention. In so limiting the capacity of parties to the employment relationship to regulate the nature of their relationship, South Africa has followed development in Western industrialised nations. Against this background, the drafters of the Labour Relations Act1 (LRA), as amended, proposed a comprehensive framework of law governing the collective relations between employers and trade unions in all sectors of the economy. The LRA2 created a specialised set of forums and tribunals to deal with labour and employment related matters. It established Bargaining Councils, the Commission for Conciliation Mediation and Arbitration (CCMA), the Labour Court (LC) and the Labour Appeal Court (LAC). It also created procedures designed to accomplish the objective of simple, inexpensive and accessible resolution of labour disputes. In redesigning labour law, the legislature decided that some disputes between employers and employees should be dealt with by arbitrators and others by judges. It is this distinction that resulted in the creation of the CCMA and the Labour Court to perform arbitration and adjudication respectively. The result of adjudication is generally subject to appeal to a higher court. The result of arbitration is generally subject to review. Arbitration was given statutory recognition in South Africa by the Arbitration Act3. That Act provides a framework within which parties in dispute may if they wish appoint their own “judge” and supply him or her with their terms of reference tailored to their needs. With the foregoing in mind, the purpose of this work is the provision of a selection of landmark cases that dealt with the review function of CCMA awards. This selection 1 Act 66 of 1995 as amended comprises of landmark judgments of the different courts of the land. The study uses, as it departure point, legislative framework to elicit the extent to which review is extended to the litigants. Apart from looking at the legislative provisions towards review grounds, reference is made to specific landmark judgments that have an effect on this subject in order to provide a comprehensive and explicit picture of how CCMA arbitration awards may be taken on review. This study focuses on substantive law developed by the Labour Court, High Court, Supreme Court of Appeal and finally the Constitutional Court. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of review could lead to failure to achieve the objectives of the study. It looks at specific South African case law, judgments of the courts and the jurisprudence in the field of employment law so that the reader is presented with a clearer picture of recent developments in addressing review of arbitration awards. The concluding remarks are drawn from a variety of approaches used by the authorities in the field of employment law in dealing with review of CCMA arbitration awards and issues for further research are highlighted.
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Van, der Walt Johann. "The impact of the Administrative Adjudication of Road Traffic Offences Act on the employment relationship." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1038.
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The focus of this dissertation is the impact that the Administrative Adjudication of Road Traffic Offences Act 45 of 1998 (AARTO) will have on the employment relationship between employers and employees. AARTO was promulgated in order to, amongst other things; assist with the streamlining of the traffic offence administration and the collection of payable fines for traffic infringements. Very little has been written with regard to the implications of AARTO on the employment relationship. The purpose of this dissertation is to unpack the mechanics of AARTO, and further to provide the writer’s view on its impact, problems and possible solutions, of the employment relationship within the South African Labour law framework. The writer will attempt to reconcile the Labour Relations Act and AARTO insofar as it impacts on the employment relationship, more especially the termination thereof. Writer will set out the provisions of AARTO and the sections pertaining to the allocation of demerit points on an individual driver’s licence. Unfortunately for the sake of completeness the writer will deal with the majority of sections in AARTO to provide a better understanding of the mechanisms envisaged by the Act to bring about the demerit points. It is writer’s view that dealing with the allocation of demerit points in vacuum will not provide the reader with a clear understanding of the impact of AARTO on labour relations. With regards to the actual implications that AARTO will have on the employment relationship writer has taken it upon himself to provide a categorization of employees in the broad sense and thereafter to discuss the impact of AARTO on the different categories of employees. More over the writer will examine the different categories of dismissal specifically misconduct, incapacity and operational requirements as well as the impact and applicability of AARTO thereon. vi The writer will also attempt to deal with peripheral issues that arise as a spinoff or AARTO insofar as employment relationships are concerned.
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Defoort, Benjamin. "La décision administrative." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020097.
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Expression la plus caractéristique du pouvoir de l’administration, la décision administrative est une notion familière. Pourtant, les données observables en droit positif s’avèrent hétérogènes et contingentes, compromettant la possibilité d’en circonscrire la teneur. Et derrière un consensus apparent, les présentations doctrinales de l’action adminis-trative unilatérale se caractérisent par un éclatement terminologique et conceptuel. Le choix a été fait de construire une définition, à partir d’une analyse critique du droit positif et du discours doctrinal, pour en éprouver les mérites en vue d’une meilleure compréhension de l’administration et de son droit. Signification impérative d’une manifestation de volonté uni-latérale et arrêtée d’une autorité administrative, la décision administrative constitue un utile outil d’analyse du pouvoir de l’administration, du contrôle du juge sur celui-ci et de la place à laquelle les citoyens peuvent prétendre dans son élaboration et sa mise en oeuvre. Distincte de l’incitation ou de la déclaration d’intention, la décision demeure le mode privilégié de direction de la conduite des citoyens et l’objet principal du contrôle du juge sur la légalité de l’action administrative. La portée explicative de cette définition est complétée par la compréhension qu’elle autorise des usages stratégiques que les acteurs du droit administratif peuvent en faire. En tant que signification, la décision révèle les luttes qu’ils mènent pour l’identification, au cas concret, de la portée des divers actes de l’administration ; enjeu de pouvoir, elle fait ressortir les stratégies de légitimation qui entourent son emploi par les autorités publiques<br>One of the most characteristic expression of the administrative activities, the administrative decision is a familiar concept. Nevertheless, positive law on this subject turns out to be disparate and contingent. And behind a seeming consensus, the authors pre-sent the unilateral administrative actions with real terminological and conceptual disparities. The choice has been made to build a definition, from a critical analysis of positive law and doctrinal views, so as to test its merits with an eye to a better understanding of the Admin-istration and its law. Imperative meaning of a fixed and unilateral act of will of an adminis-trative body, the administrative decision is a useful tool to analyse the power of the Admin-istration, the judicial review of it and the place that citizens can aspire to in the process of its making and its implementation. Distinct from incitation or mere declaration of intent, deci-sion remains the preferred way of directing citizens behaviour and the main object of the judicial review of administrative acts. The explanatory impact of this definition is supple-mented by the understanding it enables of the strategical uses that actors of administrative law make of it. As a meaning, decision reveals the struggles they wage to identify, in a specif-ic case, the impact of the various acts of administrative bodies ; as a power issue, it brings out the strategies of legitimization that surround its use par public authorities
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Surty, Fatima. "The political / administrative interface: the relationship between the executive mayor and municipal manager." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4188_1334910053.
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<p>Local government is arguably the most significant sphere of government to lay citizens, as it is the point of contact of citizens with their government. Local government enables a direct link between the general public and the basic services that they are entitled to by means of their constitutional and legislatively entrenched rights. It is the only sphere of government that allows and encourages face-to-face engagement between citizens and their governors, providing the necessary platform for interaction, contact and communication. It is imperative therefore that this tier of government operate optimally and competently, as it represents a reflection of the operation of government wholly. Research unfortunately illustrates that public perceptions of local government are negative, with levels of trust in local government being substantially lower than those in provincial and national governments. The responsibility for failure to perform would lie squarely on the shoulders of those individuals leading any institution. The leading incumbents driving a municipality are the political and administrative heads, i.e. executive mayor and municipal manager.</p>
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Pinel, Florian. "La participation du citoyen à la décision administrative." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G020.
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La participation du citoyen à la décision administrative est une notion qui se développe en droit positif. Toutefois, sa définition et ses contours ne font pas l’objet de consensus. La doctrine associe régulièrement la participation du citoyen à la démocratie administrative. Or, la participation remplit d’autres fonctions. Elle permet certes au citoyen de participer activement à la définition de l’intérêt général, mais elle lui permet aussi de défendre ses intérêts particuliers. Parallèlement, la participation du citoyen permet tout autant d’améliorer que de légitimer la décision administrative. La participation apparaît sous les traits d’une notion malléable. Sa fonction varie selon la psychologie des acteurs et selon la nature de l’instrument participatif qui la concrétise juridiquement. La notion de participation du citoyen à la décision administrative regroupe plusieurs instruments : les procédures contradictoires, la représentation des intérêts, les processus référendaires et les procédures participation du public. L’unité de la participation se dévoile dans son régime juridique qui est articulé autour de garanties communes assurant l’effectivité de la participation, à savoir le droit à l’information préalable, le droit d’expression un point de vue et le droit à un délai suffisant. Moins systématiquement, le régime juridique de la participation s’ouvre à des garanties complémentaires en vue d’assurer sa sincérité. Ainsi en va-t-il du droit à la prise en compte du point de vue, de la présence d’un tiers garant ainsi que du droit au recours. Toutes ces garanties font cependant l’objet d’une application diversifiées. L’unité de la participation du citoyen n’implique en effet pas son uniformité<br>Citizen participation to administrative decision is a developing concept in positive law. Still, its essence and scope have not reached consensus. The doctrine associates citizen participation to administrative democracy. Yet, participation fullfills other functions. It of course allows citizen to actively define general interest yet it also allows the citizen to defend his very own interest. At the same time, citizen participation both improves and legitimates administrative decision. Participation appears as a malleable concept. Its function depends not only on the actors psychology but also on the nature of the participatory instrument that legally implements it. The concept of citizen participation to administrative decision regroups several instruments, including the right to a hearing, representation of interests, referendum processes, and public participation procedures. The unity of participation gains meaning in its legal system, which is articulated around common guarantees ensuring the effectiveness of participation, that is to say, the right to prior information, the right to express a point of view and the right to an appropriate period of time to do so. Less systematically, the legal system of participation opens up to complementary guarantees to ensure its sincerity. This applies to the right of having a point of view considered, the presence of a third-party guarantor as well as the right to appeal. All these guarantees, however, are subject to diversified implementations. Indeed, citizen participation unity does not imply its uniformity
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Eastman, Nigel Lyons Gwynne. "Ethical and policy implications of legal and administrative developments since enactment of the Mental Health Act 1983." Thesis, St George's, University of London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395838.
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Collins, James Patrick, and n/a. "POLICY IMPLEMENTATION AND ADMINISTRATIVE ARCHITECTURE Using the Purchaser Provider Model to Implement ACT Health and Community Care Delivery Policy." University of Canberra. Government, 2009. http://erl.canberra.edu.au./public/adt-AUC20091215.140820.
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In their seminal work on policy implementation, Pressman and Wildavsky
(1973:143) have argued that 'there is no point in having good ideas if they
cannot be carried out.' The use of a New Public Management (NPM) service
delivery approach in the Australian Capital Territory (ACT) health area,
referred to as the Purchaser Provider Model (PPM), was seen as one of
those good ideas. The then-ACT Government hoped that the use of this
model as part of its public policy reform agenda would assist it in successfully
achieving its goal of restraining the growth of ACT public health care costs.
The PPM was in operation between 1996 and 2002, when it was
discontinued, suggesting a policy implementation failure.
In this thesis, the PPM is used as a case study as a basis for supporting the
argument that the administrative architecture through which public policy is
implemented plays a crucial part in the success or otherwise of the
implementation of that policy, especially in the area of public service delivery.
The administrative architecture is defined as, the administrative components
that have been designed to assist the implementation of public policy.
To undertake the analysis the PPM is expressed in terms of the following
three extremely important components of the administrative architecture:
- the configuration of role and role relationships;
- resource allocation arrangements; and
- the performance management framework.
Pattern matching logic in conjunction with the literature is used to show how
crucial was the part played by the above components and hence the
administrative architecture in the implementation of public policy.
While the thesis provides compelling evidence (based on the case study and
the academic literature) to support its claim, the crucial part played by the
administrative architecture in the implementation of public policy, especially
in the area of service delivery, has hitherto received little attention in the
implementation literature.
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Ulvi-Ahmad, Ghazala H. "The administrative state and its constitutional legitimacy an analysis of the USA Patriot Act of 2001 in the context of Rohr's constitutional framework of the administrative state /." Cleveland, Ohio : Cleveland State University, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=csu1199824023.
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Thesis (Ph.D.)--Cleveland State University, 2007.<br>Abstract. Title from PDF t.p. (viewed on May 8, 2008). Includes bibliographical references (p. 122-132). Available online via the OhioLINK ETD Center. Also available in print.
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Ulvi-Ahmad, Ghazala. "The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State." Cleveland State University / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=csu1199824023.
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Faul, Anthony. "Gebreke in die appèlprosedures van die Wet op die Ingenieursweseprofessie / A. Faul." Thesis, North-West University, 2008. http://hdl.handle.net/10394/4198.
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It is the aim with this paper, to research the shortcomings experienced in the appeal procedures as contained in the Engineering Profession Act ("EPA"), in order to determine whether the process should be revised or if only certain relevant sections of the EPA should be rewritten. Due to the administrative nature of certain duties of the Council as authorised by the EPA, it makes it inevitable that appeals will follow. It is therefore imperative that the procedures to appeal, must be both functional and effective.
The relevant sections of the EPA as well as the appeal procedures of the Health Professions Act's will be researched, taking into account the stipulations of the Constitution and the Promotion of Administrative Justice Act ("PAJA"). Relevant legal administrative principles and doctrines, court judgments, as well as the views of authors are also taken into account.
Two major areas of concern in certain sections of the EPA have been identified:
• The fact that the whole council has to decide on appeals, and
• the fact that such hearings have to take place within a very limited time frame.
Relevant court findings have made it clear that decisions made by authorities, have to comply with the requirements set out in the Constitution in coherence with PAJA.
In conclusion, based on the Constitutional and the legal administrative requirements, it is found to be necessary to rewrite the relevant sections of the EPA, as well as the rules of appeal, as these do not make the grade at present.<br>Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2009.
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Gimenez, Décio Gabriel. "A extinção dos efeitos dos atos administrativos em virtude do descumprimento de deveres pelo destinatário: a cassação e seu regime jurídico." Pontifícia Universidade Católica de São Paulo, 2010. https://tede2.pucsp.br/handle/handle/5471.
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Decio Gabriel Gimenez.pdf: 1389513 bytes, checksum: 9512940015616e7305783d3af232b11a (MD5)
Previous issue date: 2010-10-27<br>The purpose of the present work is to comprehend one of the hypotheses of extinction of the effects caused by administrative acts, such as that one which results from the non-compliance by the addressee of obligations identified in the Brazilian Law. This hypothesis deserves a specific treatment, once it is submitted to a peculiar law regime, resultant of its qualification as administrative sanction. Therefore, the administrative act has been contained within the realm of administrative function, drawn afterwards to an overview of the hypotheses of its extinction and under a dogmatic methodological perspective, in order to identify and detach, among the kinds of State declarations with revoking efficiency, that one which has as presupposition the practice of an imputable administrative illicit to the addressee of the act, henceforth called cassation act. Moreover, this work aims to identify, taking the structural focus of the administrative act and the juridical regime that regulates the edition of administrative sanctions, what are the limits to the edition of the State declarations here discussed. To reach this purpose, this study approaches the object, the fundaments, the presupposition and the juridical effects of the cassation act. Finally, this work also treats the control of this kind of administrative act, focusing the actions exerted by the Judiciary<br>O presente trabalho tem por finalidade compreender uma das hipóteses de extinção dos efeitos dos atos administrativos, qual seja, a que decorre do inadimplemento de deveres pelo destinatário, com o intuito de identificar se, no direito brasileiro, ela merece um tratamento específico, em razão de estar submetida a um regime jurídico peculiar, decorrente de sua qualificação jurídica como espécie de sanção administrativa. Para tanto, localiza-se o ato administrativo no âmbito do exercício da função administrativa e traça-se um panorama das hipóteses de sua extinção, a partir de uma perspectiva metodológica dogmática, a fim de identificar e destacar, dentre as espécies de declarações estatais com eficácia extintiva, aquela que tem como pressuposto a prática de um ilícito administrativo imputável ao destinatário do ato, rotulada então como ato de cassação. Em seguida, a partir de um enfoque estrutural do ato administrativo e do regime jurídico que regula a edição de sanções administrativas, procura-se identificar quais são os limites para a edição das declarações estatais em foco. Para atingir esse objetivo, estuda-se o objeto, o fundamento, os pressupostos e os efeitos dos atos de cassação. Ao final, trata-se do controle dessa espécie de ato administrativo, com enfoque para o exercido pelo Poder Judiciário
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Saurombe, Memory. "The impact of media commercialization on public service broadcasting : the case of Radio Zimbabwe after the adoption of the Commercialisation Act (No 26) of 2001." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/601.
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Cultural and educational functions of public service broadcasting come at a fortuitous time, as the changing environment of broadcasting is on various agendas. At the heart of this is the question of the present and future status of public service broadcasting. Major changes have taken place in the political economy of the media and the world economy at large, technological advancement has resulted in privatization and commercialization of the media. In most societies where these changes have taken place, public service broadcasting has been threatened by the rapid rise of commercial institutions, resulting in stiff competition for audiences. This study will examine the extent to which the adoption of the Commercialization Act (No 26) of 2001 in Zimbabwe has affected Radio Zimbabwe’s role as a public broadcaster. The study is based on the hypothesis that with the adoption of the Commercialization Act, Radio Zimbabwe is no longer playing its public service role effectively. The current nature of programming at Radio Zimbabwe as the research hopes to show will highlight tremendous changes towards a commercial logic. The study uses a combination of document analysis, secondary literature and qualitative interviews.
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Van, Jaarsveld Roslynn. "An investigation of the consumer protection Act (2008) and plain language application at selected businesses in the Port Elizabeth metropole." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4012.
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Businesses communicate a wide variety of messages to diverse audiences using a number of different communication types and channels daily. For example, business communication includes business reports, documents (booklets, leaflets, and official communiqués), notices, agreements, web copy and advertisements that are produced continually to address a variety of business communication needs for a variety of audiences. Although written business communication has a significant impact on customer satisfaction and consumer attitude which, in turn, affects consumer behaviour positively or negatively, there is a lack of research investigating the knowledge and application of plain language in business communication. Many studies were found to be related to communication and language, however, studies about plain language use were less prevalent. Therefore, this study aimed to investigate the awareness of the plain language regulations stipulated in the South African Consumer Protection Act (CPA) 68 of 2008 (2009). The application of these plain language principles within businesses in the Port Elizabeth Metropole, with specific reference to its use in written business communication was also investigated. The study also aimed to identify plain language best practices and constraints resulting from plain language application or non-application within the selected organisations. The research focused attention on the impact of business communication on customer satisfaction, consumer attitude and, ultimately, consumer behaviour as well as the need for plain language use in written business communication practices to ensure effective and fair (ethical) communication. A comprehensive literature review was conducted on communication, communication theory and consumer behaviour, as well as on plain language principles which might add to the effectiveness of organisations’ written business communication, to provide a theoretical foundation for the study. The study’s research methodology was approached from a phenomenological (descriptive and interpretive), and somewhat positivistic perspective, utilising qualitative and limited quantitative measures to obtain data. For this reason, three managers from three respective organisations within the Port Elizabeth Metropole were interviewed and asked to complete a rating-scale survey to obtain insight on the written business communication practices of these organisations. A content analysis of documents supplied by the participating organisations were also reviewed to provide commentary on the plain language application in each organisation. Furthermore, Section 2 of the South African CPA 68 of 2008 (2009) was also reviewed to measure and comment on the application of plain language in these organisations. Based on the data analysis, it was evident that organisations in the Port Elizabeth Metropole were aware of plain language and the plain language regulations stipulated in the South African CPA 68 of 2008 (2009), but that they were not certain what the regulations entailed exactly. Furthermore, plain language principles were applied in the participating organisations, however, complications and areas for possible improvement were identified in the data. From the study’s findings, various recommendations were made that could assist the organisations to improve their organisations’ plain language application. These recommendations included, for example, appointing plain language champions to monitor plain language application in the organisation, as well as assessing language competence of staff and training them to improve their language competencies. Recommendations for future research suggested that future studies needed to include a larger research sample, a more diverse sample population to include consumers and a broader industrial demographic. In addition, future studies could attempt to investigate communication barriers that inhibit or challenge comprehension in consumer communication.
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Onukogu, Dr Claret. "Streamlining Hospital Administrative Procedures to Reduce Costs." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/4810.
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Americans spent nearly $2.6 trillion, or $8,000 per person for medical and administrative costs in 2010. By 2015, healthcare spending in the United States increased to 5.8% reaching $3.2 trillion or $9,990 per individual. By tackling healthcare administrative costs, it is estimated that healthcare providers could reduce these costs by $20 billion yearly. This case study explored strategies for streamlining hospital administrative procedures to reduce costs. The business process reengineering model formed the conceptual framework for this study. Data were gathered through semistructured face-to-face interviews guided by open-ended questions with a purposeful sample of 4 hospital managers in Atlanta, Georgia. This study identifies important themes regarding cost reduction and hospital administration based on participant interviews. Themes included participants' unfavorable perspectives of the Spell out PPACA (PPACA) legislation, employment of physicians, PPACA reimbursement method, follow-up services, hospital administrative governance, and lack of business education. The themes comprised steps hospital managers could take to streamline administrative procedures to reduce costs. The implications for positive social change included the potential to provide strategies for streamlined processes that could lead to savings passed on to patients from low socio-economic backgrounds through accessibility to affordable healthcare services.
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Keeler, Rebecca L. "William Wilberforce Trafficking Victims Protection and Reauthorization Act of 2008." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/483.
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Book Summary: Spanning three volumes, this comprehensive encyclopedia of over six hundred entries covers the full range of civil rights and liberties in America from the antecedents of the Bill of Rights through the most recent controversies over political and social issues, including abortion, free speech, religious liberty, voting rights, and the guarantees of equality. It also addresses the civil rights and liberties issues stemming from America's ongoing war on terrorism. Detailed entries include key concepts, historical events and developments, major trials and appellate court decisions, landmark legislation, legal doctrines, important personalities, and key organizations and agencies. Entries have an objective tone, allowing readers to draw their own conclusions.Designed as an up-to-date reference source for students, scholars, and citizens, the encyclopedia will help broaden and heighten understanding and appreciation for the wide range of issues associated with civil rights and liberties in the United States, and is the most sophisticated treatment available. The volumes of the encyclopedia consist of original entries, arranged alphabetically, on many current hot-button issues as well as in-depth coverage of the rights Americans hold sacred. Written by experts in the field, including attorneys, judges, and legal scholars, the encyclopedia takes a historical-legal approach, providing important information on the background and development of an issue or event. The third volume concludes with over three dozen essential primary documents, including landmark statutes, key court decisions, and influential essays.
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Chan, Yu-Wei, and 詹祐維. "The Binding Force of Administrative Act on Administrative Agency and Administrative Court: with the Factual Effect of Administrative Act Covered." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/f6x4gj.
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碩士<br>國立臺灣大學<br>法律學研究所<br>103<br>Administrative act has been the core issue of administrative law in Taiwan for a long time. But the binding effect of Administrative act still not be fully researched, especially on the question, weather administrative act will bind the administrative agent, who did not render an it, and the administrative courts, who only recognized it as prerequisite question, or not. To answer this question, the major part of administrative law scholars in Taiwan use the conception of “the factual effect of Administrative act”, said in this situation the administrative act will bind administrative agent and courts. However, they did not give enough demonstration, therefore it could not be precisely used in truly case.
This thesis attempts to clarify this question, by introduction of the debate form German scholars, and try to find the reason why in above situation administrative act will bind administrative agent and courts. In conclusion, unless administrative act are void, withdrawn or annulled or is made ineffective by any other reason, it will bind administrative agent, in order to make sure the competence of each agent, which be set for the objective to specialize the work of agent, can be fully accomplished.
Consider the stability of law, when the administrative act could not be remedied by normal statutory way, administrative act will also bind the administrative courts, forbidding the trial on the legitimacy of administrative act. However, this binding effect of administrative act only effect under the premise that the county has already practiced procedural due process and the individual have the possibility of pursuing a lawsuit. Because only in this situation, we can believe that the interest of legitimacy has already been guaranteed, so interest of the stability of law is more important.
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Lin, Yuan-Feng, and 林源峰. "On Administrative Procedure Act: Administrative behavior of public participation." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/77660184690653642878.
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碩士<br>南華大學<br>公共行政與政策研究所<br>90<br>For 2001 years, Taiwan begins to perform the Administrative Procedure Act, which includes the code of the administrative procedure, and to direct the administrative behavior essence and procedure. Because of the extensive range of the administrative behavior, the administrative organization not only examines its rules in accordance with the amendment, but also lays stress on the public participation in order to increase the administrative efficiency and protect the people’s rights, for now administrative department important program.
Regarding to the administrative disciplinary measure taken by administrative organization in the past, unless the law have another stipulation, the people only can raise the administrative litigation to remedy after the event. The decision process of the public participates in administrative behavior, it has following efficacy: communication, negotiation compromise and discovery of facts and to accept people''s opinion. The people have to understand the related information and the timing and the method of participating in the decision for express the opinions and to make sure the rights.
The effect of the administrative regulations and administrative plan to the people''s rights relative to the administrative disciplinary measure, it has the character of the abstract and widespread. The mighty group and interest groups have much more chances to influence on enactment of the regulations and administrative plan. However, the rights and interest of the powerless group cannot be ignored. The administrative organization has to take the duties for get the fairly about the public interest and individual and pressure groups interest. Moreover the administrative organization should be observing the pulsation of the public opinion in order to satisfy and respond the needs of the social multitude.
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Lee, Chieh Min, and 李介民. "Informal administrative act in Tax Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/46060359297661786417.
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Lian, Shr-Chang, and 連世昌. "Procedural Standing in Administrative Procedure Act." Thesis, 2001. http://ndltd.ncl.edu.tw/handle/12661019991869766573.
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Hsiao, Yu-zhe, and 蕭于哲. "A Study on the Temporary Effecting Administrative Act and Omission of Act Suit of Japanese Administrative Litigation Law." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/70145785354688892848.
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碩士<br>東吳大學<br>法律學系<br>97<br>Article 16 of Constitution Law provides that “The people shall have the right to present petitions, lodge complaints, and institute legal proceedings.” The article is a security of people’s fundamental right to litigation. It is the effectiveness of the protection that forms the core of the right tolitigation. Which not only require our legal system to provide complete remedy system wherever there is right should-be-protected, but also, furthermore, an effective protection to peoples’ rights. When it applies to administrative litigation, it will appear to be “the general administrative litigation”, “the admission of precautionary-litigation” and “the construction of temporary remedy system”.
Temperary remedy system in Administrative Litigation Act includes “stay” which is stipulated in article 116 and “security procedures”in Chapter 7 of the Act. At the beginning of its legislation, these articles are largly influenced by our “Code of Civil Procedure” and the Administrative Litigation Act of Japan. Therefore, the criterion to distinguish the categories of temporary legal remedies will be elaborated in the thesis. And, at the same time, the rationality behind the precautionary proceeding implemented in in our “Code of Civil Procedure shall also be reviewed.” Moreover, the comparison between our legislation and to Japan Administrative Litigation Act will also be made in the thesis, since the legislative reason instructed in the former has been clearly writtenthat its wording took the latter as its model.
Administrative Litigation system in Japan has been amended greatly in 2004. This thesis would organize its preventive procedures to show the variation of the theory and the practices from its first applied tillto 2004. The focus will be put on the amended act in 2004 to exam the appropriateness our article 299 of Administrative Litigation Act and its proper interpretation might-be.
At last, by observing the amendment procedure of Japan's Administrative Litigation, I would boldlyaddress my demission that: different litigations should be emlpoyed in different temperary remedies. This concept might not only dissolve the problem that may risk r people to make wrong decisions during their litigation under existing contemporary system, but also make a boost of the function of it in order to acheive the purpose of securing peoples' rights.
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LIN, PO-HAN, and 林柏漢. "The Inquisitorial Investigation of Administrative Litigation Act." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/gnptwd.
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碩士<br>國立臺北大學<br>法律學系一般生組<br>106<br>In Administrative Litigation, all types of litigation are related to public welfare. In Article 133 of Administrative Litigation Act, the use of “assertion of public welfare” and “types of litigation” as the differential standard is inappropriate. The inquisitorial investigation shall apply all kinds of Administrative Actions including revocation and other types of litigation. The core of the inquisitorial investigation is that “litigants do not have a binding effect over the court”, whether or not the facts and evidence are collected by the litigant or the court itself. If the litigant violates their duty of cooperation, the litigant will therefore suffer disadvange. Hence we can infer that litigant has the burden of pleading and prooving. In other words, there is a significant difference between “litigant having the burden of pleading and proof” and “the court having the obligation to conduct the inquisitorial investigation”.
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LI, BO-SHAN, and 李柏杉. "A Study on Reconciliation Concerning the Administrative Litigation：Focusing on Comparing the Civil Procedure Act with the Administrative Litigation Act." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/99623325907929069734.
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碩士<br>中原大學<br>財經法律研究所<br>93<br>After revisions of the Administrative Litigation Law, various kinds of litigation have been provided in the Administrative Litigation Law. Under the principle of paying no litigation fees, the total number of administrative litigation have been increased greatly in all the three administrative courts. As a consequence, reconciliation rules provided in the Administrative Litigation Law have been used widely. The validity of reconciliation provided in Administrative Litigation Law must not only comply with the administrative contract in the substantive aspect, but also satisfy the legal elements in the procedure aspect. Since termination of administrative litigations by way of reconciliation have been increased in recent dates, it is thus necessary to study the legality concerning the reconciliation in administrative litigation. By comparing the reconciliation rules provided in the Civil Procedure Law, this thesis intends to make an in depth study regarding the reconciliation rules provided in the Administrative Litigation Law.
The first chapter relates to research motive, research method and restrictions.
The second chapter discusses the nature, elements, procedure, validity and remedies of the reconciliation rules provided in the Civil Procedure Law. The relevant questions in practice and in legal theory related to reconciliation in civil procedure have also been discussed. In addition, the reconciliation rules provided in the Civil Procedure Law have been revised several times in recent years. The effects of those revisions on civil procedure constitute another focus of this chapter.
The third chapter illustrates the nature, elements, procedure, validity and remedies of the reconciliation rules provided in the Administrative Litigation Law.
The fourth chapter compares the nature, elements, procedure, validity and remedies of the reconciliation rules provided in the Civil Procedure Law and the Administrative Litigation Law.
The fifth chapter examines the relevant provisions of the Administrative Litigation Law and provides suggestions concerning possible future revisions of the Administrative Litigation Law.
The last chapter is the conclusion of this thesis.
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YU-WEN, HWANG, and 黃有文. "A Study on the Service of Administrative Documents by Administrative Authorities - Focus on Administrative Procedure Act." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/ek7335.
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碩士<br>輔仁大學<br>法律學系碩士在職專班<br>104<br>After three-reading procedure in Legislative Yuan and announced by President Decree, Taiwan Administrative Procedure Act (TAPA) had come into force on 1 January 2001. However, Chapter I General Provisions, Section 11 Service of Process has not been amended yet. At the same time, Taiwan Code of Civil Procedure part I General Provisions chapter IV Litigation Proceedings Section 2 Service of Process had drastically amended and immediately came into force on 1 January 2003. Comparing to each other, TAPA seems not to match the required and outdated. On the other hand, since Service of Process rarely issued on academic, so that the misunderstandings and conflicts of Service of Process ideals and manipulations spreads on different administrative practice fields.
The effectness of respect to the person subject to the disposition and any known affected person by an administrative disposition in writing, its subsequent administrative appeal and administrative procedure, depends on its legitimate of Service of Process. Under Constitutionalism and Due Process of Law, except the rigorous service procedures and review criteria, we should commit to establish a complete and pratical administrative service proceeding legal system of laws and regulations. Hereof, we have comprehensive care of Tax Collection Act, TAPA, Administrative Appeal Act and Administrative Procedure Law, especially the basic right of Constitution Law. This thesis are in the range of academic theory, Germany Legislation Cases, explanation of authority, Practice of Judicial and Code of Civil Procedure, TAPA, Article 18 and 19 of Tax Collection Law, Article 28-1 of Company Act, also refer to J.Y. Interpretation No. 663 and 667. Surveying Dissenting opinions and all of above, we deem that existing regulations do not match the practical required and are not suitable for the current society highly promoted by commerce and industrial technology. Since Ministry of Justice is asking the opinion for amending the Act. This thesis also makes suggestion of “Amendment of Chapter I General Provisions TAPA. And sincerely hope it to be effective.
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YIPIN, CHANG, and 張宜斌. "A Study Of Inetrvention Of Administrative Litigation Act." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/13536292320093945101.
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碩士<br>輔仁大學<br>法律學研究所<br>98<br>This dissertation explores Intervention regulation of Administrative Litigation Act ,and Intervention regulation of Code of Civil Procedure ,even of Japan Administrative Case Litigation Law, and Germany Administrative Court Litigation Law 。
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Flening, Eleanor. "30 Years After the Bayh-Dole Act: Rethinking the Australian Research Commercialisation Experience." Phd thesis, 2010. http://hdl.handle.net/1885/9055.
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By granting universities the rights to assert ownership of intellectual property (IP) resulting from United States (US) federally sponsored research, the Bayh-Dole Act of 1980 has stimulated considerable interest from policymakers around the world. Inspired by the US example, the Australian government has introduced a similar patent policy to encourage the commercialisation of publicly funded research. Research institutions have quickly responded to this policy and established technology transfer offices (TTOs) to manage the identification, protection and exploitation of IP created by their employees. It is often assumed that this IP-based approach accelerates the transfer of new inventions from academia to industry and helps to generate national benefits and social return from public investment in research.
This thesis provides a case study of the commercialisation of publicly funded research in the biotechnology sector in Australia. Following mainly a qualitative approach, the study explores the rise of the research commercialisation phenomenon by tracking its historical origins, key turning points and their present ramifications. It also examines the perceptions, motivation and experiences of various participants such as academic scientists, technology transfer managers, entrepreneurs/CEOs and private investors.
At the individual level, an important finding of this study was that the term research commercialisation is understood differently by different participants. Two main views were identified which not only differ semantically, but also in their objectives, timescales, assumptions and measures of success. The clarification of these views enables the participants to better understand each other and minimise unproductive debates.
At the institutional level, this study revealed that by focusing on the exploitation of IP resulting from publicly funded research, Australia's current TTO-based structural arrangements may interfere with the flow of scientific discoveries from academia to industry and encourage academic inventors and entrepreneurs to bypass the TTOs. Explanations for these unexpected outcomes are given and suggestions for possible improvement are discussed.
Although this study is based on the biotechnology sector in Australia, the research findings may have important implications for any other sectors and for other countries with similar structural arrangements.
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PENG, YEN-CHUN, and 彭彥郡. "A Study on The Feasibility for Integrating Petition Act , Administrative Procedure Act of Petition and Lobbying Act." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/886d6x.
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碩士<br>東吳大學<br>法律學系<br>107<br>Taiwan’s democratic rule of law and free human rights are exemplary in the Greater China region. The most important of these is the right to free expression of speech. The Constitution of the People's Republic of China clearly protects the people's right to freedom of speech, petitions and participation in politics. The government of Taiwan has also formulated a variety of legal norms for making opinions, but it has not been integrated. Taiwan's current Petition Act and Administrative Procedure Act of Petition have produced overlapping situations. Lobbying Act is based on the Sunshine Act, putting an end to black gold politics, and ensuring the participation of democratic politics, but it is not effective. In order to strengthen the above three legal benefits, and in response to the advent of the global digital e-government, it is necessary to review the relevant mechanisms.
The purpose of this paper try to propose the deletion of the current system of petition in the administrative procedural Act, and to revise it together with the petition Act. In addition, it will be incorporated into the norms together with the petitions that are the people’s opinions on state policies and bills. We will try to integrate the three methods into one method and towards the operation mode of digital democratic legal system.
The scope of this paper, the historical background of the petition and the lobbying system are explored, the legislative origins and purposes are understood, and the current operating modes of the three systems are compared and analyzed to explore the dilemma faced by the three systems and to further find solutions. The research method of this thesis is mainly literature analysis method. By sorting and collecting domestic related books, master's thesis, professional journals, government publications or research reports, etc., sorting and analyzing them, and using the above materials as the research basis.
In addition to the introduction of the first chapter, the main chapters refer to the past literature to understand the relationship between the evolution of Petition, Administrative Procedure Act of Petition, Lobbying Act and the changes of the social environment, and refer to the similarities and differences between the relevant norms of the countries and the current national regulations; The third chapter compares and analyzes the current three-system operation mode; it guides the feasibility study and suggestions for the integration of the three systems in Chapters 4 and 5.
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Tsai, Chiung-Chi, and 蔡瓊綺. "Administrative self-evaluation and the Civil Service Protection Act." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/c8bq7m.
Full textAbstract:
碩士<br>國立中山大學<br>中山學術研究所<br>96<br>Civil Service Protection Act was promulgated and announced in 1996, establishing a significant milestone for the protection of the rights and benefits of civil servants. Originally, the Act has 35 clauses only. In 2003, it was enormously revised, and increased to 104 clauses. With its regulative contents covering procedural and substantial requirements, the Act can be called a very special law. The relief procedures stipulated in the Act include two procedures: 1. retrial 2. appeal and re-appeal. Retrial is applied to the punishment that may change the identity and relationship of a civil servant, or has significant effects to the rights and benefits to a civil servant, or the item with property request right being infringed upon because of the identity of a civil servant. Appeal and re-appeal are applied to the management measure without significant effect to the rights and benefits of a civil servant, or the handling of the related working conditions.
Although the implementation of Civil Service Protection Act protects the rights and benefits of civil servants, it causes impacts to the leadership of departmental officials. However, it facilitates the authorities to conduct administration according to the laws. With this system, the disputes between civil servants and institutions can be appropriately solved. To the business promotion of institutions, it has positive meaning. The study mainly investigates the problems currently existed, including whether the related protection of rights and benefits in Civil Service Protection Act is sufficient, whether the civil servants understand the protection of their rights and benefits, whether the protection procedures are proper, whether retrial system will lead to the waste and burden of administrative resources, etc. It is hoped that through the investigation of the existing system and the discoveries in times of practice, the proposed suggestions can be a reference for revising the law.
The paper has about 10,000 words, and is divided into six chapters. Chapter 1 is the introduction. Chapter 2 analyzes the protection system of the civil servants of Taiwan. Chapter 3 is about the administrative self-evaluation. Chapter 4 compares the various administrative self-evaluation systems. Chapter 5 takes Kaohsiung City Government for examples, and undergoes case study, in-depth interviews and questionnaire survey for further explanation. Chapter 6 is about the conclusions and suggestions, giving proposes for the aspect of legal system and the aspect of execution. Especially on the aspect of execution, further investigation is made on three aspects, including the government authorities, civil servants and personnel. It is hoped that the study is helpful to the subsequent legal amendments or to researchers.
Having analyzed some cases, and made in-depth interviews and questionnaire survey, the paper proposes several suggestions. First of all, the measurement standards of the administrative rules should be clearly specified. Secondly, a reinvestigation participation system should be established. Thirdly, the powers and functions of Civil Servants Association should be strengthened. Besides, the imposition of criminal punishment and disciplinary sanction should be reviewed. The disciplinary right should be passed to the administrative institutions, and the judicial institution should be responsible for the investigation right. In addition, the paper considers the appropriate disclosure of the punishment decisions or reinvestigation procedures and information so as to reduce the civil servants’ queries of their institutions, establish in civil servants a value judgment of excellent work, and form a mutual supplementation and assistance relationship between the chiefs and the colleagues. Through the lectures and procedures, practical rehearsals, and the strengthening of personnel staff’s business handling abilities, the institution is able to undergo an updated and harmonious development in maintaining the rights and benefits of civil servants and conducting the overall business promotion
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CAI, JIN-YU, and 蔡進裕. "The Study on the Administrative Investigation – Focus on the Administrative Supervision of Consumer Protection Act." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/9x5g38.
Full textAbstract:
碩士<br>南臺科技大學<br>財經法律研究所<br>104<br>The action of administrative investigation is closely related to people’s everyday lives. However, the launching and proceeding of administrative investigation is involved in privacy, property right, the right to work, and personal freedom based on assurance of the constitution, and usually resulting in controversies over human rights violations. Therefore, under constitutionality how to simultaneously maintain public welfares and protect human rights should depend on complete structure design of administrative investigation to achieve the goal.
Administrative investigation, an indispensable support of administrative law, is to implement the content of administrative regulations for a public sector, and to urge people to observe the laws and regulations as well as to ensure the legitimate executive powers while surveying and collecting people’s data. All investigation actions from the competent authorities of consumer protection belong to the scope of the administrative investigation, and the related implementation will result in the constraint of the right to freedom of persons being investigated for people, objects, residence, and so on. Unfortunately, legitimate proceedings and paths of administrative remedies for administrative investigation either lack or stick in the mud, so this study is valuable for academy and court decision discussion.
Although Section VI in Administrative Procedure Act－Inquisition into Facts and Evidence (Article 36 to Article 43) outlines the facts and evidence for the administrative agencies on the investigation, these general principles are too rough to be the legitimate basis. Administrative investigation is still the early stage in Taiwan. Early administrative law following continental perspectives targeted on the basic principles and functions, for instance: administrative sanctions, legal order, administrative rules, and administrative contracts.
Nowadays, however, administrative investigation is impacted by legitimate proceeding based on the US Constitution so that various legitimate proceedings and paths of administrative remedies are suggested to be constructed for further ensuring public welfare and protecting basic human rights.
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Chiang, Yang Chin, and 楊欽鎗. "A STUDY ON TRAFFIC RULING UNDER THE NEW ADMINISTRATIVE ACT." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/4n962e.
Full textAbstract:
碩士<br>國立金門大學<br>海洋事務研究所<br>102<br>The new administrative litigation Act cause into effect on September 6th, 2012.As for the traffic offenses under the Act Governing the Punishment of Violation of Road Traffic Regulations was changeed the adjusrisduction froma criminal court to the adminisatrative court. the procedure of administrative litigation was different from the Code of Criminal Procedure. Such as indictment , DE NOVO administrative act record,evidence investgation,court costs.
Taking the appeal procedure regarding the penalties for traffic offenses under the Act Governing the Punishment of Violation of Road Traffic Regulations, the research objective of this thesis, for example, it is also one of the typical exceptions: a criminal court functioning as a traffic tribunal judges a contested traffic offense, which in nature is a penalty for an offense against traffic order, argued against administrative acts. The impropriety of the appellate procedure rules and the lack of equivalents of ultimately unified legal opinions for civil or criminal controversies reached by the Supreme Court led to diverging legal opinions resulted from different interpretations in contested traffic cases by the traffic tribunal of the ordinary court.
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Chen, Chia-Ling, and 陳佳玲. "A Study of Administrative Penalty Act Effect On Tax Penalty." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/10123695633969790986.
Full textAbstract:
碩士<br>長榮大學<br>經營管理研究所<br>94<br>The Administration Penalty Act experienced nearly 30 years to draw up completion, to pass lawmaking by Legislative Yuan on January 14th in 2005, to announce by the president on February 5th in 2005, and to carry out one year late according to Article 46.
The Administration Penalty Act is setting up the united, comprehensive law mainly, be provided for certain principle and criterion can be followed when the administrative organization is punishing.
Because of the Administration Penalty Act enforce, it brings impact greatly when tax organization punishes for illegality.
There are the following situations to effect on tax penalty greatly.
A. An act in breach of duty under tax law is not punishable unless committed intentionally or negligently. So tax organization must to give proof or evidence that taxpayer commit a violate.
B. Double Jeopardy is applied in the tax administrative penalty
C. When Decision on imposition, increase, reduction and expansion of tax penalty. This is increasing complexity of the punishment.
So this research treats about the Administrative Penalty Act applying to tax penalty, and putting forward following suggestion.
A. Revising and enlarging Double Jeopardy in the tax law.
For matching with the Administrative Penalty Act’s establishment, revising and enlarging Double Jeopardy in the Tax Collection Act and Tariff Act.
B. Revising and enlarging the meaning of intention or negligence in the tax law.
Owing to the Administrative Penalty Act have not explained the meaning of intention or negligence. So tax organization may consult the criminal law to revise and enlarge the meaning of intention or negligence in the Tax Collection Act and Tariff Act.
C. Revising and enlarging the capacity for duties in the tax law.
The current tax law lacks for the capacity for duties clearly. For matching with the Administrative Penalty Act’s establishment, so this research suggests revising and enlarging the capacity for duties Tax Collection Act and Tariff Act.
D. Revising and enlarging the regulation by reason of his ignorance of the law, the penalty may be reduced or remitted in the tax law.
The current tax law is complexity and technicality, so taxpayer unable to understanding overall. This research’s suggestion for tax organization should consult the Administrative Penalty Act to revise and enlarge the regulation as the same.
E. Revising and enlarging the regulations in violation of rules and regulations seriously to aggravate penalty in the tax law.
Taxpayer violates the obligation seriously on the tax law. That is encroached on national government''s tax credit rights hugely. So this research’s suggestion for tax organization may revise and enlarge the regulations about this situation in the Tax Collection Act and Tariff Act.
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Huang, Chuan-chuan, and 黃娟娟. "On the Existence and Taking Effect of an Administrative Act." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/59527149658757979648.
Full textAbstract:
碩士<br>國立成功大學<br>法律學研究所<br>97<br>The existence and taking effect of an administrative act may cause arguments in administrative appeal or administrative litigation cases. Besides, the concepts are not discussed much enough in Taiwan. Consequently, this thesis will study on the existence and taking effect of an administrative act.
At first, the thesis will make clear the concepts of the existence, taking effect of an administrative act and other relevant concepts. Depending on the opinion of this article, the existence of an administrative act is defined of satisfying elements of the administrative act . The existence is before informing. Taking effect of an administrative act is defined of the occurrence of legal effects. In principle, the existence is before taking effect. Then the text will provide an illustration of legal effects derived from the existence or taking effect of an administrative act to reveal the benefit of this discussion. Finally, the article will study on the existence and taking effect of different kinds of administrative acts to reify and confirm the concepts mentioned-above.
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KO, TE-WEN, and 柯得汶. "The Research of Administrative Inspections of Customs Anti-Smuggling Act." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/smas25.
Full textAbstract:
碩士<br>國立臺北大學<br>法律學系法律專業組<br>106<br>Border inspection consists import and export administrative inspection, customs inspection, and inspection of suppressing smuggling. Its legal source is the state's high-rights behavior to protect self-interests. And Customs Anti-Smuggling Act is the important law for inspection of suppressing smuggling.
The functions of Inspections of suppressing smuggling are to ban and to regulate, and the inspected objects are vehicles, people, things and places. According to the constitutional analysis of the basic rights, the involved constitutional rights are personal freedom, freedom of residence, privacy, freedom of speech, freedom of movement, and remedies. Only based on the principle of clarity and principle of proportionality, as the boundary of inspections of suppressing smuggling, excessively interfering with people’s constitutional rights due to smuggling inspections can be prevented. The process of inspection of suppressing smuggling shall be clearly established for protecting the constitutional rights.
Because inspections of suppressing smuggling sometimes are transformed into criminal investigations, it is necessary to make clear the boundaries between inspection of suppressing smuggling and criminal investigations, so as to protect people’s constitutional rights. However, due to geopolitical and historical factors, our country has a deep relationship with Japan. Therefore, in comparison observation, we chose Japan as the object of observation.
In short, this study sums up the basic rights and constitutional analysis, draws a separating line between inspections of suppressing smuggling and criminal investigations, and also compares them with Japan Customs Act. The amendment for balancing the effectiveness of suppressing smuggling and safeguarding human rights is proposed for the reference of the executive authorities. As a result, the better Customs Anti-Smuggling Act is expected.
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Haycock, Eric. "The effect brought about by the implementation of a compulsory competitive tendering policy on the administration of parks and recreation maintenance in Britain: 1988-1994." Diss., 2000. http://hdl.handle.net/10500/16921.
Full textAbstract:
The aim of the study was to analyze the effect brought about by the
promulgation of the British Local Government Act of 1988 on the maintenance
of parks and recreational services. The Act made it compulsory to local
authorities to expose the maintenance of parks and recreational services to a
tendering process, commonly known as compulsory competitive tendering.
The implementation of compulsory competitive tendering had to be done
between the promulgation of the Act in 1988, and 1994. With regard to this
period, a perception existed that the standard of the administration of the
maintenance of parks and recreational services declined.
The research was done to determine if the implementation of compulsory
competitive tendering on the maintenance of parks and recreational services
could have resulted in a decline in the standard of the administration of the
services, and how it could have happened. It was determined that the motive
of the British Government at the time of implementation of the compulsory
competitive tendering was primarily to save money. The result of the
implementation of compulsory competitive legislation on the maintenance of
parks and recreational services were amongst other things:
- low morale of staff who were pressured to change
- culture changes necessary to comply to compulsory competitive
organisational structures
- legislation that influenced the lives of traditional local authority employees
drastically, and
- the development of a new approach to financial management to comply to
the government's expectations of saving money.<br>Public Administration<br>M. A. (Public Administration)
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Hung, Hsuan-Fang, and 洪萱芳. "Discussion on the review of A Ground for Execution in the Administrative Execution Act and Administrative Execution." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/53873598703450452063.
Full textAbstract:
碩士<br>國立高雄大學<br>法律學系碩士班<br>104<br>Exection of the compulsory monetary payment in public law has been changed only by the branches of the Administrative Enforcement Agency were responsible for execution, that according to the Administrative Execution Act and Compulsory Enforcement Act to take the charge of the affairs rather than being restricted, after the Administrative Execution Act came into effect from January 1, 2001. The duty in the monetary payment of public law whether it does be realized, that will be consummated a matter of national finance, social, public facilities, public health and welfare or not. Administrative enforcement is extremely higher of public welfare than civil enforcement.
Just before the branches of the Administrative Enforcement Agency launched procedure for execution , they should first review the legality of a ground for execution. However, the administrative executive organ of the legality of a ground for execution only can be in the form of review to be substantially unable to review. But I have found themselves in the practical work most kinds of a ground for execution is the administrative sanction. In chapter two, I attempt introduce all the validities of the administrative sanction that have been depicted in text books and articles. In the third chapter, I tried to explain the administrative executive organ only can be in the form of review is based on what, then the discussion on the effect of administrative execution and the administrative remedy.
Finally, this paper argues that, if the administrative executive organ for the substantive review of a ground for execution, that make it practically difficult to perform. And if the national debt is no way to quickly obtain reimbursement will greatly damage the public interest. Not to mention for the obligor, when he received the original administrative sanction is obtained rights to exercise administrative remedy. Therefore, we should not pay attention to revitalize the for the obligor to enjoy the 2nd of administrative remedy opportunities during the administrative execution phase. So finally no way to get the definitive conclusion that the administrative executive organ should be changed into a substantive review of a ground for execution.
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Jiang, Chih-Hsung, and 姜誌璿. "The limits of political activities on Civil Service Administrative Neutrality Act." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/47088032167032519855.
Full text
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Chen, Jun-nan, and 陳昭男. "Research of Administrative Penalty Act article 26 disputed with Deferred Prosecution." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/06158089976986683025.
Full textAbstract:
碩士<br>國立中正大學<br>犯罪防治所<br>96<br>Our country restricted to the authoritative system,generally adopted the ＂der Qualitative Wertunterschied＂, between the administrative illegality and criminal illegality in the past.It caused a combination of sentences of criminal punishment and administrative sanction that was admittable.After the Administrative Penalty Act dispensed, the double jeopardy principle was established and priority of criminal punishment principle adopted, the ＂die Quantitative Unterschiedstheorie＂ obviously accepted.
The criminal strategy of our country adopted a deferred prosecution system in 2002, it is applied to the defendant, other than those punishable by the death penalty, life imprisonment, or with a minimum punishment of imprisonment for not less than three years and this is the scope of application of the system.Its purpose relies system can reduce prosecution, save judicial resources, and make the defendant get special protection. Although Deferred Prosecution is similar to systems in Germany ,Japan ,it has original and different measures from other country ,including 1 to 3 years of observing terms, abatement system ,etc .
The nature of Deferred Prosecution partly conflicts with the competition Administrative Penalty Act article 26 second clause.It has lead scholars to generally discuss whether there is a matter of punishment on the same issue twice. Because the Administrative Penalty Act has not been defined to Deferred Prosecution again for a penalty,causes first session of The Panel of counsel Administrative Penalty Act of Ministry of justice to resolve deferred prosecution as Not to Prosecuted, but admits that argumentation on the real diagnosis has penal character and should not be given the penalty again.This text tries to compare with more foreign legislative examples in contention, does an analysis and research to the mutual difference.
Deferred Prosecution disputed with Administrative Penalty Act article 26, consider current space-time background factor in accordance with this text research conclusion.It must need to seek a solution in order to ensure people''s rights and interests from current practice in short time ,on legislation setting about revising in medium-long term, so the suggestions are advanced as reference from two respects.
In legislation: First, revise Criminal Code in an all-round way. Second, revise the precondition one of article 253 of the Code of Criminal Procedure and item 1 for Deferred Prosecution . Third, the Administrative Penalty Act article 26 item 2 has to be revised and fined again for the Deferred Prosecution types .Fourth, revise and expand the condition that the administrative penalty takes precedence over criminal penalty in exception. Fifth, revised and enlarge treatments that had already fulfilled something for the Deferred Prosecution.
Propose in current practice: First, the judicial organ makes an explanation authority or example as soon as possible.
Second, set up the concrete judging standard and case type for Deferred Prosecution. Third, care and wrestle over punitive stipulation and standard of administrative organ for Deferred Prosecution must be considered. Fourth, really abide by legally administrative principles to ensure people''s rights and interests.
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Ling, Wang Ya, and 王雅玲. "A Study of Policymaking of the Administrative Neutrality Act of R.O.C." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/09691395902993126113.
Full textAbstract:
碩士<br>國立臺北大學<br>公共行政暨政策學系<br>91<br>Recently, the competitive party political system in R.O.C. is shaped. To go with the developments of democracy, the public servant’s administrative neutrality is a necessary term. Administrative neutrality is a theory to discuss the appropriate relationship between politics and administration. As we know, politics should not interfere in administrative decisions, public servant should not get involved in political activities too. According to above, the Administrative Neutrality Act of R.O.C. is formulated.
This thesis is try to show the correlated rules among U.S.A., British, France, German and Japan, in addition, to analyze many proposed plans of R.O.C.. Then use the theory of John W. Kingdon’s “policy window” to examine the policymaking process of the Administrative Neutrality Act of R.O.C.. Finally, this thesis looks forward to express some opinions, to make the policymaking of the Administrative Neutrality Act of R.O.C.smoothly.
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Jui-Lan, Chung, and 鍾瑞蘭. "The Research of No Double Jeopardy Clause of Administrative Penalty Act." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/31558857460447461494.
Full textAbstract:
碩士<br>臺灣大學<br>國家發展研究所<br>95<br>Abstract
It is widely understood that “No Double Sanctions Jeopardy Clause” means nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Before the enactment of Administrative Penalty Act, the applications of “No Double Sanctions Jeopardy Clause” are mostly based on the interpretation of Grand Justices of Judicial Yuan and / or practical adjudication. When the Administrative Penalty Act was enacted and promulgated on Feb. 5, 2005, the principle of “No Double Sanctions Jeopardy Clause” on Same Act was established, Article 24 and Article 26 provided explicitly the “No Double Sanctions Jeopardy Clause” and the situations of concurrence of two or more administrative sanctions, the concurrence of criminal sanction and administrative sanction; and Article 31 & 32 also provided the jurisdiction and handling procedure for the above conditions; Article 27 provided the counting of timing in of adjudication of Criminal sanction and Administrative sanction.
The actual intention for and the application of incorporating “No Double Sanctions Jeopardy Clause” explicitly in Administrative Penalty Act is yet to be identify; however, since it is called “No Double Sanctions Jeopardy Clause” it is comprised of Double Sanction and Single Act, and they are the main components in this paper. This paper is divided into 6 chapters. In Chapter 2, the origin of “No Double Sanctions Jeopardy Clause” and the development in the legal system, as well as the theoretical basis were discussed. The conclusion of the above discussion was used as basis in the argument in Chanters 3 through 5 with regards the provision of “No Double Sanctions Jeopardy Clause” in Administrative Penalty Act. In Chapter 6, Conclusion of this paper and Suggestions were presented.
In this paper, the author tried to sort and analyze the development in legal system and theoretical basis of “No Double Sanctions Jeopardy Clause” and sought the applicable scope and method of this principle in local scenario to allow administrative institutions keeping from difficulty in application, which could lead to damage of interests of citizens. It covered also the adequacy of certain provision under Administrative Penalty Act and the potential problems, and suggesting amendment prior any problem coming to its being. Through the observation of the practical application and theoretical basis, in both facts and procedures, it is hoped that solutions may come out, so that the Administrative Penalty Act may maintain its position in Administration by the Law and Protection of Human Right.
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Hsieh, Goang-lin, and 謝廣霖. "A Study on Pleading Law Making Process of Administrative Procedure Act." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/v3c2m2.
Full textAbstract:
碩士<br>國立中山大學<br>政治學研究所<br>97<br>To supervise the executive authorities to strengthen their public services and to deal with pleading cases effectively, The Executive Yuan promulgated “the executive authorities dealing with pleading cases major points” in 1973 which was following amended in 1984, 1995. Nevertheless, while the “Administrative Procedure Act” (APA) announced in 1999, this essentials was found its inconsistent with Article 150 ” the content of regulations and orders should stipulate the basis of its legal authority, and shall not exceed the scope authorized by law and the spirit of the legislation” and Article 15, Section 1, Paragraph 2 “any regulation and order without authorized by law and deprive or limit people’s freedoms and rights is void". In APA Article 174-1 "before implementation of this Law, the executive authorities according to the Central Regulation Standard Act: those have to be regulated by law or stipulate its legal authority shall be modified or specified by mandated regulations or stipulate its legal authority within two years after the implementation of this Act; overdue failure” and Article 175 “the implementation of this Act (APA) starts from 1 Jan, 2001”. Thus, according to the APA Article 170, Section 1, the Executive Yuan re-amended the 1973’s “the executive authorities dealing with pleading cases major points” to “the Executive Yuan and its organs dealing with people’s pleading cases major points”, subtitle with “All level authorities affiliated to Executive Yuan provide services for the people major points” in May 25, 2000. The APA has been implemented since 1 Jan, 2001. There is chapter 7 “Pleading” is related with people’s petition and its legalization.
The appropriateness of pleading law making process is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Furthermore, practical implementation and suggestions for regulations and actions concerning executive authorities to deal with pleading cases are provided to achieve the goals of protecting people’s right and maintaining social orders as well.
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LEE, YUN-CHIH, and 李昀芷. "Research of Deferred Prosecution Disputed with Administrative Penalty Act Article 26." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/bc8afr.
Full textAbstract:
碩士<br>輔仁大學<br>法律學系<br>106<br>Under the awareness of modern human rights protection, not only the human rights of the public need to be protected, but also the people who are punished by the state. Can the actor expected to no longer be punished for the same act when the actor has been sanctioned by the state? This is the meaning of the principle of double jeopardy in modern countries.
Is there a principle of double jeopardy in Republic of China? Is Article 26, section 1 of the Administrative Penalty Act reflect the principle of double jeopardy? Is the principle of double jeopardy in Republic of China a legal principle or a constitutional principle? If other laws violate the principle of double jeopardy, is it unconstitutional?
This study is to explore whether the actor are sanctioned by Administrative Penalty Act after being charged by the deferred prosecution with conditionality? It involves whether deferred prosecution with conditionality is a penalty or not? Is it be applicable for a principle of double jeopardy? Then after released of the J.Y. Interpretation No. 751, practice seems to have become a law. It is considered that deferred prosecution with conditionality is non-penalty, only for special treatment measures. Applying Article 26, section 2 of the Administrative Penalty Act, we can impose additional Administrative Penalty Act. But is this really in line with the theory and the people's legal feelings? Can we completely solve the related problems after adding the third section of Article 26 of the Administrative Penalty Act?
This study is intended to solve the problem of whether deferred prosecution with conditionality can impose additional Administrative Penalty Act which has been debated for a long time on practice and theory. We will explore how to distinguish criminal illegalities and from administrative illegalities, a study of the principle of double jeopardy, the nature of deferred prosecution with conditionality. And we will also discuss whether the prosecutor’s powers in the deferred prosecution are too expanded, whether there should be a change in the system of deferred prosecution and whether Article 26, section 2 of the Administrative Penalty Act is unconstitutional, etc. Finally, I put forward the amendments suggestion and hope to create a solution to this problem. Implementing double jeopardy, promoting the complete development of the law. At the same time, it also takes into account the stability of the social order of the law and the legal feelings of the people.