| 英文摘要 |
In order to make a correct and final decision, the administrative agency must collect all kinds of information to clarify and substantiate facts. This type of information collection is generally called the administrative investigation. However, when the administrative agency conducts such investigations, people’s rights might be violated. Therefore, a proper balance between the two becomes crucial. In Taiwan, a unified law concerning administrative investigations is presently absent and the general provisions on requesting remedies for administrative investigation are insufficient. Moreover, because an administrative investigation is a procedural act and accordingly is restricted by Article 174 of the Administrative Procedure Act, a single and isolated litigation is prohibited. As a result, under the current law, the remedies for damages caused by administrative investigations that violate people’s rights are incomplete and subject to considerable restrictions. This article therefore focuses on reviewing the issues of Taiwan’s existing legal system relevant to the remedies for administrative investigations. It firstly defines administrative investigations. Secondly, it explores types, nature, and the judgment bases of mandatory investigations of great significance. Furthermore, it elucidates the appropriate administrative remedies in accordance with the nature of administrative investigations. Additionally, since Article 174 of the Administrative Procedure Act has considerable impacts on timely remedies of investigation, it is necessary to refer to and analyze the relevant provisions of the German Administrative Court Act as well as review the court’s opinions in order to understand the attitude of judicial practice in Taiwan. Finally, based on the results of the review, the author provides two individual opinions, which are case handling and the legislative suggestion in the hope of improving administrative investigations in Taiwan. |
