論行政程序法中聽證制度與其程序密度之問題──以貨品進口救濟案件調查為例

The Issues on the Hearings System and Its Procedures Density in the Administrative Procedure Law in Taiwan － For Example of Investigation about Imported Goods Relief Case－

貨品進口產業損害涉及到「平衡稅及反傾銷稅課徵實施辦法」及「貨品進口救濟案件處理辦法」的調查程序。然而其二者辦法存有不同程序密度之法規要求。從美國及德國聽證制度之觀點，來應證我國現行有關聽證程序規定與實例，並以此規定檢視並質疑貨品進口受損害調查應舉行聽證程序之妥當性。參酌其他民眾參與之制度，例如陳述意見、公聽、座談會或說明會等，探討貨品進口受損害調查舉行聽證程序之非必要性。此外，倘若貨品進口受損害調查應舉行聽證程序，則將有因明顯違反聽證程序而導致得撤銷、無效或補正等效果之法理爭論。本論文主張認為進口貿易損害調查之「應舉行聽證」是有問題的。此外本論文建議應該比照「平衡稅及反傾銷稅課徵實施辦法」採取「陳述意見」作為調查事實之方法，即為已足，且主張其與非正式聽證程序的陳述意見之性質，有所不同，學理之理解上應予以明確釐清。

Goods imported industrial damage is involved to the investigation procedure in the 「Regulation about the Countervailing Duty and Anti-Dumping Duties Levied on the Implementation of Measures」 and 「Regulation about the Measures of the Cases of Imported Goods Relief」 in Taiwan. However, there are different requirements of procedures density between both regulatory. From the views of the hearing systems in the United States and Germany, the provisions and examples of the existing hearing procedures in Taiwan are to be permited, too, but from their provisions, it is controvertible that the investigation about the damage caused by the imported goods should hold a hearing procedures properly. To deliberate consideration to other participated in systems of people, such as a statement of opinion, public hearings, seminars or briefings, analyze and explore the non-necessity of hearing procedures about the damage investigation caused by the imported goods. In addition, if the damage investigation caused by the imported goods should hold hearings, and then there would be the controversy whether a clear violation of the hearing procedure is revoked, invalid or corrected or not. This paper advocates that the problems of hearing procedures about the damage investigation caused by the imported goods. In addition, this paper proposes that compared to the countervailing duty and anti-dumping duties levied on Implementation Measures, a statement of opinion should be adopted as a method of the investigation of the facts about the damage caused by the imported goods. It is sufficient enough. Finally, this paper advocates the different nature between the informal hearing procedures and the formal hearing procedures. They should be clarified in theoretical understanding.