| 英文摘要 |
The jurisdiction of administrative appeals on local autonomy matters is governed by the Administrative Appeal Act in Taiwan. According to the regulations, administrative dispositions under the jurisdiction of the municipal government or county (city) government are under the jurisdiction of the central ministries, while administrative dispositions under the jurisdiction of the agencies affiliated with the municipal government or county (city) government are under the jurisdiction of the municipal government or county (city) government. Surrounding this jurisdictional appeal issue, when the central laws frequently regulate local autonomy affairs, they directly stipulate that“the competent authority of this Act... in a municipality is the municipal government; in a county (city) is the county (city) government,”leading to the concern that the jurisdiction of administrative appeals on local autonomy matters has all fallen under the jurisdiction of the central ministries, causing constitutional infringement and doubts about local autonomy. Regarding the provisions of the competent authority, there are different interpretations in legal interpretation theory between the group jurisdiction theory and the agency jurisdiction theory. In principle, the administrative court adopts the group jurisdiction theory, believing that local authorities can divide the authority of the competent authority based on their autonomous organizational rights. An exception is made when the legislative density of local authority division is insufficient or unclear, or when local authorities adopt a delegated authority approach, in which case the argument of agency jurisdiction theory is invoked. However, this exception of invoking the argument of agency jurisdiction theory raises constitutional doubts and logical errors in legal interpretation theory. The reasoning of the judgment should not solely rely on the argument of agency jurisdiction theory to avoid misunderstanding. It should fully discuss group jurisdiction and authority division, and then make the judgment based on the reasoning that delegated authority, although in. |
