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Reviewing Appeal Cases

 

Reviewing Appeal Cases:

The Constitution grants the people the right to appeal; as stipulated in its Article 16, the people have the right of petition, appeal or litigation.

 

Organization:

Filing an administrative appeal in an administrative remedy proceeding is the preliminary part of an administrative appeal as stipulated in Articles 1 and 2 of the Administrative Appeal Act and Articles 4 and 5 of Administrative Litigation Act, that is, anyone whose rights or interests were unlawfully or improperly injured by a government agency's administrative action or inaction is entitled to file an administrative appeal to the agency which made the administrative action or the competent appeal authority, according to the Administrative Appeal Act. Therefore, in addition to guaranteeing the fundamental rights of the people under the Constitution, the administrative appeal system was established to provide a chance for the government agency to review the legality and propriety of its administrative action in the hope of reducing litigation and positively achieving the administrative remedy function.

The city government set up the Kaohsiung City Government Administrative Appeals Committee and engaged experts and scholars as committee members. The Appeals Section and the State Compensation Section provide staffing assistance.

Administrative Appeals Committee members: in addition to the director and vice director serving as chairperson and vice chairperson, respectively, impartial public figures, such as experienced judges, lawyers, scholars and representatives of business groups were engaged to participate in the review of appeal cases.

In order to protect the rights of the people, members of the committee shall be fair and objective in rigorously reviewing the legality and propriety of administrative actions made by government agencies and, if necessary, advise the agency which made the administrative action to authenticate the evidence and conform to due process of law.

 

Appeal Cases Reviewing Process:

 

Appeal Cases Reviewing Process
Appeal Cases Reviewing Process detail