Correlation Between Administrative Litigation and State Compensation: From the Perspective of ?Der Vorrang des Primarrechtsschutzes”
Date Issued
2015
Date
2015
Author(s)
Chen, Yen-Lin
Abstract
When country’s actions infringe on people’s right, the instituiton must ensure that people can make use of legal remedy to protect his own right. As a result, People’s legal remedies are divided into two parts: “premier legal remedy” and “secon¬dary legal remedy”. The dualism is to pursue a more exquisite institution. However the dualism of legal remedies sometimes hinders people from reaching the goal of legal remedies successfully. One of the most controversial issues is the “the principle of priority of premier legal remedy”. It is about whether people can utilize the secondary legal remedy directly without utilizing the premier legal remedy. In the other words, what is the correlation between administrative litigation system and state liability system. This thesis researches into Taiwan law firstly and will adopt comparative juris-prudential method and refer to new scholarly theories and court practices of Germany, in order to figure out the current situation of “the principle of priority of premier legal remedy” and conclude some issues that remain controversial. Based on these discussions, this thesis proposes the “model of contributory negligence” in order to clarify the correlations between administrative litigation system and state liability system.
Subjects
the principle of priority of premier legal remedy
premier legal remedy
secondary legal remedy
contributory negligence
administrative litigation act article 7
administrative litigation act article 8
administrative litigation act article 12
civil law article 186
civil law article 217
SDGs
Type
thesis
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