On The Principle Of Adverse Alteration Prohibition In Administrative Reconsideration Procedure And Application Of The Principle

The Principle of Adverse Alteration Prohibition had been adopted in Administrative Reconsideration Procedure in many foreign countries, and applying the Principle has really achieved better results. Administrative law scholars argued whether the principle should be brought in our country, Enforcement Regulations on Administrative Reconsideration adopted the Principle of Adverse Alteration Prohibition in our country in 2007.The principle puts the people in the first and reconsiders for the people. The principle can contribute to advancing the function of Administrative Reconsideration, insuring the rights of applicants, restricting the power of government, realizing the goal of constitutional government. However, our laws and regulations do not stipulate how to apply the Principle of Adverse Alteration Prohibition in Administrative Reconsideration Procedure. There are not many articles about the principle. The author studies on the principle using many methods including value analysis, historical analysis, comparative analysis. The thesis deals with the range of the principle, the application of the principle, the problems of the principle and the suggestions of perfecting the principle.The thesis consists of five parts in addition of introduction and conclusion. The first part deals with the concept of the Principle of Adverse Alteration Prohibition, the origin of the principle, the stipulations of the principle in three litigation systems. The second part deals with the necessity of establishing the principle with an example, the final establishment. The third part deals with the basis of legal theory on establishing the principle. The fourth part deals with how to apply the principle, drawing on the experience of applying the principle in foreign countries and Taiwan. The fifth part deals with the problems of the principle and the suggestions of perfecting the principle.