法學期刊
論著名稱: 民初平政院裁決書整編與初探(A Revised and Preliminary Study of Administrative Judgement of Ping-Cheng-Yuan during 1914-1928)
編著譯者: 黃源盛
出版日期: 2000.10.01
刊登出處: 台灣/國家科學委員會研究彙刊:人文及社會科學第 10 卷 第 4 期 /493-515 頁
頁  數: 29 點閱次數: 914
下載點數: 116 點 銷售明細: 權利金查詢 變更售價
授 權 者: 黃源盛
關 鍵 詞: 平政院行政訴訟平政院裁決錄存評事肅政廳肅政史平政院裁決錄
中文摘要: 平政院的成立,是中國正式採行行政訴訟制度的創舉;然而,從民國三年到十七年間(1914~1928),政潮迭起,風風雨雨,平政院處在傳統與近代,固有與繼受的新舊法制更迭時期。正因為其所處時空如此特殊,又為中國第一個行政訴訟審判機關,因此,其制度的緣起為何?實際的運作狀況為何?在中國行政法制的發展史上究竟具有何等意義?在在值得關切。
為了對此等問題能一窺究竟,自應先對平政院的淵源及其內涵有所瞭解,而與本課題息息相關者,莫過於平政院所作成的裁決書等原始文獻,藉著對該批裁決書的剖析,較能靈敏地探究平政院與民初行政法制發展間的關聯性。為此,在民國八十八年度(1999)行政院國家科學委員會的專題計畫項目下,筆者設計了一個名為「民初司法檔案整編」的研究案,擬針對平政院的裁決進行全面的蒐集與整編;目前初稿已定,彙成《平政院裁決錄存》一書,本文將詳其編纂的經過;同時,對於平政院的人與事也將多所著墨,希望藉此努力,可以對民國初期行政爭訟的靜態與動態,提供一個較明朗的輪廓。此外,對於《平政院裁決錄存》所搜得之一八六個案例,進行初步的計量與分析,並對其歷史與時代意義,予以評價。

英文關鍵詞: Ping-Cheng-YuanAdministrative gudgementAdministrative remedyAdministrative appeal
英文摘要: The establishment of the Ping-Cheng-Yuan marked the beginning of the ROC's formal adoption of the administrative appeal system. However, due to political chaos nationwide between 1914-1928, there were so much to be done at that time. The appearance of the Ping-Cheng-Yuan was significant in all senses. It came into being in a period of transitionfrom the old to the new as well as from the traditional to the modern. It was no less than a drastic change of legal systems shifting from the inherent systems to the inherited.
As the first ROC administrative judicial organ against such a particular background in terms of time and space, the Ping-Cheng-Yuan deserves our efforts to make further exploprations in the following aspects: What was the origin of the system? How was it actually operated? What an important role had it played in the evolution of Chinese administrative law system?
For the purpose of having an insight into these questions, We should first of all try to trace down its origin and composition. What counts in connection with our topies are such original documents as the judgements passed on different cases by the Ping-Cheng-Yuan. It is believed that a careful analysis of such legal rulings will more likely get to the root of the question about how the Ping-Cheng-Yuan had acted upon the development of Chinese administrative law system. Regretably, few of the historical materials or data have amply dealt with the operation of Ping-Cheng-Yuan in a systematic way, not to mention the compilation of its case judgements. Buried in oblivion, these files are not to be recovered with ease.
To make up for the deficiency, I ventured to come up in 1999 with a rescarch program according to the National Sciense Council's requirement for special theme studies, hoping to commit myself to the collection and compilation of Ping-Cheng-Yuan's case judgements. Needless to say, greater efforts have been made to get the work along. Fortunately, my manuscript is finalized after many twists and turns. Readers who are interested in whole story of the Ping-Cheng-Yuan may find it useful. Yet, since it is only a link of the complete collection of the legal files dated back to the early years after the founding of the Republic of China its contents cover mainly the judgements of administrative appeal, excluding those of the impeachable ones. Consequeutly, what the article has touched upon is limited to a review of the process of preparing the records and fites of the Ping-ChengYuan. Neverthless, the author has managed to include as many relevant figures and events as possible in the passages, so that a clearer picture of the administrative law proceedings in those early years can be made possible through my dedication.
目  次: 一、前言
二、平政院行政訴訟裁決書整編紀實
三、平政院與民初行政訴訟制度
四、平政院行政訴訟案例的初步考察
五、結語
相關法條:
相關判解:
相關函釋:
相關論著:
    返回功能列