Remodeling Of Existing Administrative Liability Regime In Taiwan

In the rule of law of modern state,the protection of fundamental rights becomes its ultimate goal;the so called "where there is a right,there is a remedy," illustrates this very nature of modern state.However,facing the variety of administrative actions,what are the remedies for the people to the misconducts of administrative institutions? Can these remedies be derived from the perspective of consequentialism or behaviorism? In order to protect human rights,adopting the perspective of consequentialism will be better on holding the state liable on its administrative actions while it resulted in the violation of the rights of the people.Nevertheless,in order to fulfill state's functions and goals,the complexity of administrative actions imposed upon people have gone beyond the consequentialism and behaviorism can comprehend.Therefore,this dissertation is intended to reexamine the relations between the people and the state and to reveal the responsibility of the state that it shall serve to the people.Exploring the relations between state and the people,I will begin with the examination of the contents and the functions of the fundamental rights.This is because that the fundamental rights are the basic norm of the constitution,a fundamental law,of a given state.The fundamental principles of the constitution are highly related to the principles inferred from the fundamental rights.The order and values derived from these principles can affect the formation of various structures of state in different space and time.In this sense,the author will trace back the origins of the functions and purposes of the state to explore the different ways of construction of the systems for the passive legal liability of state and base upon this approaches to examine and discuss the problems of current administrative institutions and system and hopefully provide a view that can clarify the responsibility of the state.By examining the various ways of the construction of the system,I discover that the current passive legal liability system in Taiwan has not yet fully complied with the public law.In other words,they haven't fully taken into account of functions and contents of fundamental rights and the basic values and order of the constitution.The results are confusions and lack of clarity.In order to solve the problems,we have to start with the fundamental,that is,the protection of fundamental rights,as the constructive principle of a given modern state with rule of law.This approach,proposed in this dissertation,can become a guiding principle for all state proclaiming to be a state of rule of law.