A Comparative Study on the Legal Theories of Dismissal between Taiwan and Japan：The Question to The Doctrine of Ultima-Ratio Appling in Labour Standard Law §12 I
Date Issued
2016
Date
2016
Author(s)
Chang, Zhao-Ming
Abstract
Abstract The doctrine of “ultima-ratio” is used to being applied in our court for the case of dismissal; Nevertheless, why is this rules happened and how should we apply this rules in the case of dismissal, it seems not to be clarified yet. I attempt to collect and analysis the court’s judgments for looking for the application of “ultima-ratio” applying in Labour Standard Law §12 I. Besides, I will also analysis the essay which the scholar has analyzed to the statute of dismissal for looking for that detect, and that imperfection maybe is a keyword for using “ultima-ratio” to supply our detected statute. On the other hand, Japanese scholars also attempt to lead the principle of “ultima-ratio”and“Prognoseprinzip” in their statute of dismissal. This development is similar to our state. So how do Japanese scholars discuss this German rules, and how they try to use this rules for Japanese statute of dismissal, which is a topic of discussion in my essay. Finally, I will conclude my analysis, trying to propose the amendment for statute of dismissal in my state.
Subjects
The doctrine of ultima-ratio
Labour Standard Law §12 I
Japanese statute of dismissal
Type
thesis
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ntu-105-R02a21099-1.pdf
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