| 英文摘要 |
Although Taiwan’s Administrative Appeal Act, enacted in 1930, after two comprehensive revisions in 1970 and 1998, until the revised draft in 2022, has become more and more complete; however, due to the lack of thorough reflection on the legal structure before World War Ⅱ , many problems remain and the review and improvement is continued.
1. The legislative purpose of Administrative Appeal Act should be clearly defined; 2. The prepositionalism of administrative appeals shall be completely abolished; 3. The types of administrative appeals shall be fully diversified; 4. The period of administrative appeals shall be moderately relaxed; 5. The concepts of reflective benefits should be abolished to broadly relax the concepts of administrative actions; 6. The theory of enforcement force shall be abolished in principle and exceptions are subject to special provisions; 7. The provisions on the protection of the right to defense at public expenses should be added; 8. The period of legal remedy for the decisions of administrative appeals should be moderately relaxed; 9. Granting discretionary authority to oral arguments should be deliberated again; 10. The reasons for an unacceptable administrative appeal shall be reviewed again. |
