| 英文摘要 |
Chapter II “Administrative Disposition” of Administrative Procedure Act, which thoroughly provided the regulations of Administrative Disposition in detail, contains the establishment (including the concepts, approaches, and validity of Administrative Disposition), procedure (state of opinion and hearing), and the legal effects (including revocation, annulment and the reopening of the administrative proceedings) of Administrative Disposition. The “exclusion period” of the revocation and annulment of Administrative Dispositions are established in article 121 and article 124 of the Administrative Procedure Act. Although these articles are placed in the end of every regulation that provided the changing effects of Administrative Disposition (such as revocation and annulment), they still play an important role as a key to carrying out the principle of legal administration and achieving Administrative Tasks which aimed to improve public welfare. Whether or not-and how-to carry out these articles, therefore, are of great concern to the interaction and counterbalance of the protection of individual rights and interests, the principle of legal administration, and public welfare. The concepts of article 121 and article 124 are based on article 48 and 49 of the German’s Federal Administrative Procedure Act. However, there are still differences between those similar articles. And the difficulties in explaining and carrying out those articles exactly reflect the subtle relationship between adopted law, comparative law and the explanation of law, which is also an important issue that worth mentioning and researching. This article first discusses the exclusion period of the revocation and annulment of Administrative Dispositions, and then in regular order discusses the meaning of the relevant regulations of Administrative Procedure Act that related to this topic and their difficulties when carrying out in individual cases, finally proposes the view of its own. In order to confirm theory and practice for each other, several cases from administrative court decisions is cited as examples in this Article. And this article also continues to analyze and discuss disputes and verdicts of the administrative courts, and lastly conducts a comparative law study, questions for discussion, and a comprehensive analysis.
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