What is the relationship between Administrative Procedures and the public's rights and interests?
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- Last updated：2019-01-04
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Ans：In Administrative Procedures (hereinafter referred to as the "Law"), the first provision is: "In order to make administrative actions comply with fair, open and democratic principles, and enforced in accordance with laws, this Law is set forth to protect personal rights and interests, to increase administrative efficiency and efficacy and to enhance the public trust in the administration." This provision not only discloses the rationale behind the Law but also honors the Law, the summary of which is as follows:
I. Implementation of administration through the law: The primary principle of Administrative Law is to administer according to law. If this principle is violated by the authorities, civil servants as individuals shall bear civil, criminal and administrative liabilities; the administrative body shall bear State Liability for Compensation.
II. Maintaining the accuracy of Administrative actions confirms and forms the rights and obligations of individuals. To confirm or form such rights and obligations, a procedure has to be followed that ensures the accuracy of facts and legal applicability.
III. Providing people with participation opportunities: Because the promulgation of administrative decree and the undertaking of administrative actions are common practices for administrative agencies and because such actions tend to have close relationships with the rights and obligations of people, with such actions being primarily unilaterally administrative, in modern society, when government agencies are making decisions concerning individual rights and interests, people shall have the opportunity to participate according to democratic principles. For example, when an interested party submits an application according to law, this begins administrative procedures (referred to Article 34 of the Law); an interested party can submit an application to an administrative agency in written or verbal form, unless stipulated otherwise by law (refer to the former paragraph of Article 35 of the Law). Interested parties can offer evidence during administrative procedures and can apply to the administrative agency for investigation of facts and evidence (as provided in Article 37 of the Law). Before the administrative agency undertakes action to restrain or take away personal freedoms or rights, the agency shall notify the affected party (according to Article 39 of the Law) or provide the party an opportunity to explain (Article 102 of the Law).
IV. Reduction of Administrative litigation procedure: Taking Article 109 of the Law as an example, if the affected party is not convinced by the action taken after a hearing, the affected party can file for revocation of a suit and is not required to carry out petition procedures. To file a suit to confirm the invalidity of administrative actions, the plaintiff is only required to have applied to the original action agency for confirmation of invalidity and been declined, and is not required to go through petition procedures before filing such a lawsuit (Article 113 of the Law).
V. Protect people's rights and interests: Under the principles of democracy and law, all official procedures have the ultimate goal of protecting personal rights and interests; no procedure can lack this, including administrative procedures. In addition to the four points mentioned above, many provisions in the Law include rights to file review; rights to apply for civil servant exemptions and rights to verification of facts or evidence. These have been established to protect individual rights and interests.