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|GOOD ADMINISTRATION, LAWFUL ADMINISTRATION||2015-05-25 16:58:36|
|GOOD ADMINISTRATION, LAWFUL ADMINISTRATION
--- thoughts after taking the class “The Essence of Administrative Law”
“A civil servant shall execute his/her administrative affairs in compliance with laws.”!
The above quite simple sentence but with rich and powerful significance is just the utmost principle and spirit (as stated in Article 1 of the Act for Civil Servants’ Services) for all the ROC civil servants to do their jobs. That means, everything they do for public services should be based on laws or regulations, then they can be regarded as “loyal” to their duties.
However, nowadays, it seems that some civil servants failed to do their jobs abiding by laws and regulations or spoiled administrative neutrality so that it’s necessary to implement education on civil servants about this.
Since most of the civil servants are implementing the administrative affairs, there comes a form of law named “Administrative Law”. Because this is so important that Tainan City Government requires its employees to take the class “The Essence of Administrative Law” , and I’d like to share, by means of this article, some thoughts I acquired from this class (I was assigned to take it on March 13, 2015) with all my colleagues.
At first, I think it’s necessary to introduce the development history of Administrative Law :
Under the common law system, the development of administrative law is not as clear as of the continental laws. Among the laws commonly used in Europe, that is, the laws directly influenced by the Roman Legal System, those of France and Germany have bee developed most completely.
France is known as the home country of the administrative law. That means: The administrative law with modern meaning is regarded as to be formed, under the Department of Counselors established after the French Revolution of 1789, with the legal precedents gradually formed in the process of while the Department executed their duties.
Germany’s administrative law has been obviously progressed after the Prussian-France War in 1870 and after the reunification of Germany. The book "German administrative law theory" written by scholar Otto Mayer directly impacted on the development of the German Administrative Law. Up to today, some important concepts such as administrative disciplinary anction (Verwaltungsakte), etc., can still date back to Otto Mayer’s theories.
Secondly, knowing the history of administrative law, we will go forward to know the classification of the law. At first, we need to know how to distinguish “Administrative Law”. Among various laws, it is a general title of all the domestic public laws related to our nation’s operation of administration power --- Administrative Law is involved with the laws applied by administrative agencies.
I.Distinguished by their coverage
1. Pandect Study
To study the range of law or jurisprudence which are mostly of general rule, universality usually including such major parts as basic principles of administrative law, administrative organization, administrative procedures, administrative action, administrative relief, etc.
2. Individual Study
The scope of individual study is based on the Pandect Study and distinguished according to the different areas of administrative affairs with different topic discussions such as: police law, tax law, transportation law, environmental law, education law, culture and law,…. Etc.
II. Distinguished by the contents regulated by them
According to the nature of the regulated contents, administrative law can be divided into 4 categories such as Administrative Organization Act, Administrative action law, Administrative Relief Act and Administrative Supervision Law each stated as follows:.
1. Administrative Organization Act
This is mainly to regulate the structures of administrative organizations, the rights and obligations of their members, the utilization of resources such as the rights and obligations of the administrative body, the regular staff and their duty and power limit of the executive authorities, the regulations for using or utilizing public buildings or public objects as well as the rights and obligations of civil servants. In this category, there are some laws frequently seen by us like Non-Departmental Public Bodies Act, Organizational Act of the Executive Yuan, Local Government Act, Civil Service Protection Act, Civil Service Employment Act, Civil Service Employment Act, Civil Service Pay Act, Civil Service Performance Evaluation Act, Civil Service Retirement Act,Civil Service Survivor Relief Act, Road Traffic Management and Penalty Act, etc.
2. Administrative action law
This is mainly to regulate the contents, purposes, procedures and methods of administrative actions as the legal basis for an administrative authority to exercise its duties while a national or local administrative authority is exercising public power. And when they affect people’s significant rights and obligations, their elements and effects must be highly-clearly regulated.
In this category, there are some frequently-seen laws such as Administrative Procedure Act, The Administrative Execution Act, Administrative Penalty Act, Police Power Exercise Act, etc.
3. Administrative Relief Act
This is a law in order to regulate the procedures of right relieves as well as to regulate the national indemnification or compensation while the exercise of public power causes lawful loss or unlawful damage of the people.
For example: Petitions Act, Administrative Appeal Act, State Compensation Law, Law of Compensation for Wrongful Detentions and Executions, etc.
4. Administrative Supervision Law
(1) Administrative Supervision
The first Chinese administrative supervision system was originated from the Chin Dynasty, and after Chin and Han dynasties, it has been divided into two main branches: One is the admonish system, under which, there sets some admonish officials whose task is to remonstrate the emperor; the other is the censor system, under which, there sets some central and local supervising officials whose task is to supervise all the officers and straighten official proverbs. Until the Ching, the Etmperor Chianlong put admonishment officials and remonstrant officials together as one authority. While the origin of the Western "administrative supervision" can be traced back to England in medieval age, when the House of Commons can present impeachment motion against the officials under the King and be judged by the House of Lords in the trial. Since then the other countries like France and the United States followed the example one by one. And Subsequently, promoted strongly by the United Nations Commission on Human Rights, the administrative supervision system has been flourishing in all over the world.
Here in Taiwan, according to Mr. Lee Hsiao-tsang, a scholar, “Administrative Supervision” means that the activities such as observations, evaluations, urgencies, inspections and corrections conducted by the national agencies, social organizations and individuals with legal supervising power based on laws. And its core is to review if administrative authorities and civil servants exercise their duties strictly according to law.
There are some examples for this category: Control Act, Anti-Corruption Act, Act for Civil Servants’ Services, Act for the Punishments of Civil Servants, etc.
In this class “The Essence of Administrative Law”, we’ve already
learned the history, the contents and some examples of
Administrative Law --- the essential parts of it. All though,
comparing with Civil Code, Criminal Code and even Constitution,
Administrative Law is not a concrete or specified law book, it has the
same importance as them or even more. Just like what Otto Mayer ( a
famous German jurist ) ever said, "The Constitution may disappear,
but administrative law exists forever.", by means of this sentence, we
are able to realize how important the Administrative Law is.
As a conclusion, juding from the above-mentioned, I think we’ve
already understood the spirit and the principle of Administrative
Law. I’d like hereby to cordially invite all the coworkers to
execute our duties abiding by the laws and to be good civil servants
so that we can bring better service and more wellbeing to our people.