Dissertations / Theses on the topic '強制執行'

碩士
國立臺灣海洋大學
海洋法律研究所
92
Since the administrative enforcement proceedings act was amended and passed in 1998, it has become an important basis for administrative agencies to insure that people will fulfill administrative obligations. However, the academic circles have different kinds of definitions in parts of the act, and the practical enforcement conflicts with the theories occasionally. In this thesis, from viewpoints of theories and practice, we discuss about the content of the second and the third chapters of the act; analyze the difference between the methods of enforcement and other kinds of legal concepts; study about the disputes; and search for the most appropriate remedies. Besides, if we define the methods of enforcement in every kind of administrative regulations appropriately, then we can apply the administrative enforcement proceedings act, which is more integrated, to administrative enforcement. This thesis takes maritime administrative laws for example, it can be a model for legal definitions of other administrative regulations. At last, this thesis tries to suggest some amendments of the act, in hope that the administrative enforcement system of ROC can go for an ideal way.

碩士
國立中正大學
法律學系碩士在職專班
107
Abstract Title of the paper: On the creditors right to enforce the debtors responsibility property reporting system - Also on the German property discovery system Guidance Professor: Dr. Lin,Chou-Fu, Dr. Lo,Chou-wei Graduate student: Hsieh,Chen-HSiang Summary content: The life of law lies in its execution. The law is not a paper on paper, but a force that contains life. The power of this life lies in the realization of law, and execution is an indispensable way for law to obtain life. If the implementation effect is not good, the lighter people will cause disappointment to the states public power, resulting in a sense of alienation, but also contribute to the hurricane of escaping debts and create a distrust of the prestige of the states public power. The reason why the enforcement effect is not obvious is the reason why it is worth exploring. This paper begins with the implementation of the four major procedures, firstly openly understands the content of the enforcement work, and gradually enters the core work of enforcement, that is, enforces the main subject matter. Search. Because the first stage of the so-called enforcement effect is that the creditor has not fully satisfied the property of the debtor after auctioning the debtors property, the second stage is that the debtor has the property that can be searched for enforcement. To this end, this paper first elaborates on the definition of the debtors liability property, the discovery of the responsible property, and the effect of the debtors breach of the property reporting systems obligations—restriction, management, and restrictions on residence. And indirectly enforced the enforcement of the status of enforcement and the timing of enforcement. Enforcement of important principles - indirect mandatory complementarity principle: Indirect implementation of the supplementary principle means that direct enforcement and indirect execution have primary and secondary points in application. Indirect execution should be applied after direct enforcement and substitution, and a complementary means of direct execution instead of execution. Secondly, in order to increase the breadth of enforcement, a series of integration and analysis of the German property discovery system, including the content of the countrys research on the system, the evolution of Germanys own property discovery and the current status of the system. The biggest difference between the German property discovery system and the domestic property reporting system is that the German property discovery system has a guarantee of oaths and a debtor’s roster that is not available in China, and the timing of restricting personal freedom, such as the debtor’s control, violates the oath of pledge. As for the biggest highlight of the German property discovery system, it is the debtor’s roster. The setting up of the debtor’s roster is not a punishment for the unfunded debtor. It is mainly for the debtor who still has the financial resources to live in the future and who is still in need of economic life to give self-diagnosis and self-determination of future life. For example, the debtor believes that the future prospect can be In the meantime, it will cooperate with the executive authorities to provide future property income and make it into a debtors register, which can be reintegrated into the economic society for production or economic activities, so as not to know how to face the recovery of creditors. Keywords: enforcement, indirect enforcement, guarantee of oath, debtors roster

碩士
國立政治大學
法學院碩士在職專班
96
All developed countries in the world pay attention to and pursue to the protection of human rights. It becomes a general value worldwide and it is an index measuring the democracy of a country. The personal freedom and movement freedom are the fundamental human rights stated in the Constitution of our country and they should be protected strictly. However, they still should not violate the restriction stated in Clause 23 in Constitution. The realization of creditor's right of the country and the protection of the law and order of the country are the major items for public benefits. The obligation of payment in Public Law is closely related to the integrity of the national revenue and implementation of the development. It is closely linked to the welfare of all citizens. The coactive execution of the above-stated obligation is to ensure the realization of the right of creditor of the country so that the national development and other administrative payments can be completed smoothly. In the country governed by law, it is the obligation of the citizens to obey the law. If the citizens violate the law, the coactive execution will be conducted in order to achieve the equivalent juridical of the above-stated obligation, and maintain the fair and just principle of the country governed by law and establish the order of administrative law. Regarding the arrest, detention, temporary detention and departure restriction in administrative executive, it is the execution authority of the country to restrict the personal freedom and movement freedom in order to realize the two major benefits stated above. The main purpose of this thesis is to discuss how the important conditions of violation of Clause 23 of Constitution can be reviewed to obtain the legitimacy and justifiability of those executions under the protection of fundamental human rights. At the beginning of the thesis, the overview of coactive execution of obligation about payment in Public Law is introduced. It includes: (1) the protection of personal freedom and movement freedom, and the corresponding restriction in accordance with the review of violation of Constitution; (2) the relevant issues for the execution of arrest, detention, temporary detention and departure restriction; (3) the effect of personal freedom and movement freedom on the fundamental rights. Finally, according to the "obligation of legislator on improvement" on Constitution, the amendment will be proposed.