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|Other Titles:||Litigants’Obligation to Assist in Administrative Enforcement System|
Assisting Obligation;Procedural Participation;Duty to Investigation;Burden of Proof;Administrative Enforcement;Affidavit-Offering Obligation
|Issue Date:||2016-05-16 17:13:04 (UTC+8)|
Litigants’ obligation to assist in administrative decision making has become the target of discussion in the field of the public law, which has ranged from the tax law, the domain of the general administrative law, to the final explicit acknowledgement in the interpretation of the Constitution. However, if we closely observe the regulations of this obligation and their legal effects, we can see that, under the concept of assisting obligation, there are various types of it. The Judicial Yuan (J. Y.) Interpretation No. 588 of the Grand Justices integrated the notion of litigants’ obligation to assist with the administrative enforcement system. Therefore, the Administrative Enforcement Agency of the Ministry of Justice drafted it into part of the articles of the new administrative enforcement law based on the Interpretation of No. 588. The objective of this article is to make the introduction and application of the obligation to assist more accurate and more appropriate through the explication of the development of people’s participation in the administrative decision making process, and the reason and the shift of the emergence of assisting obligation.
|Relation:||法學評論, 95, 127-174|
|Appears in Collections:||[Chengchi law review ] Journal Articles|
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