A Study of the Appeal System of Civil Service Protection Act in Taiwan
Chuan-Fa Lin*
Abstract
The rights of civil servants in Taiwan have been affected by the special rights. As a result, the interpretation from the Council of Grand Justices has gradually released the restrictions. According to the constitution amendment, the Legislative Yuan formulated Public Servants Security Act in 1996. From then on, the relation between civil servants and the nation is not based on special right, but special laws. Because Public Servants Security Act in 1996 is relatively uncomprehensive, a substantial amendment was made in 2003.
After the amendment, the revocation rate is still low. This study not only compares the appeal system of the civil service in China, but analyzes the fallacy of Taiwan's Public Servants Security Act. The results show that the appeal and re-appeal cases, which should be based on facts, are not applicable. Therefore, individuality, generality, and abstractity should be considered in each case. Thus the right of civil servants can be protected by judicial remedies.
Keywords: appeal, re-appeal, charges, judicial remedies, special power relationships
*Ph.D. Candidate, Institute of China and Asia-Pacific Studies (Formerly Institute of Interdisciplinary Studies for Social Science), National Sun Yat-Sen University