| 英文摘要 |
The existence of administrative litigation power has always been based on the theory of protection norms as the basis for judgment. As for the application of the protection norm theory, to explore whether the disputed general administrative law norm is also a protection norm, and its scope of protection, the administrative court’s adjudication practice has always been based on “the overall structure of the law, the applicable party, the intended regulatory effects and factors of social developments” expressed in the J. Y. Interpretation No. 469.
In addition to the aforementioned factors, this paper believes that it is necessary to further explore how the fundamental rights provisions of the Constitution will affect the interpretations and specific application of protection norms and their scope of protection. Furthermore, whether the specific circumstances of a case can also be used as a factor in the interpretation and application of the disputed general administrative legislation should be considered, which is another issue to be dealt with in this essay. |
