| 英文摘要 |
According to the Judicial Yuan Interpretation No. 243, The Re-appeal Procedures are equivalent to the Administrative Appeal Procedures. And the Administrative Appeal Act article 67 provides the principle of ex officio investigation that the administrative agencies have the obligation of administrative authority investigation. However, the Civil Service Protection Act(CSPA) article 56 section 1 also provides that“the CSPTS may, ex officio or by the petitioner’s request, command the holders of the document or other item to present or take custody of such document or item if necessary”; Act article 56 section 1 provides that “the CSPTC may, ex officio, or entrust relevant agency, school, group or expert to, conduct investigation, test or inspection on necessary evidence or items if necessary.” According to the term“may”used in the article, an issue thus appear that whether the CSPTS should have the obligation of administrative authority investigation as the administrative agencies do. The opinion of the CSPTS seems to bear a resemblance to the doctrine of party propose in civil procedures. However, further discussion must be made that whether this opinion is correct and whether does the application of this opinion meet the practice in Administrative Appeal Procedures so as to conform to the doctrine of efficacy. |
