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大法官解釋表頭

(釋字第 106 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.106 
Date 1965/2/12
Issue How far may the restrictions extend which are imposed by the National General Mobilization Act on people's freedom to exercise the right of claims or to fulfill obligations?
Holding
1
    The restrictions of people's freedom authorized by Articles 16 and 18 of the National General Mobilization Act means that, whenever necessary, the government not only can impose restrictions on all persons, banks, corporations, and manufacturers to exercise the right of claims or to perform obligations, but also can impose the same restrictions on a specific area, or on specific kinds of businesses under certain circumstances. In accordance with the above-mentioned provisions, the Executive Yuan has issued a Relief Order for Important Businesses. The order provides relief for certain limited-shares corporations when the prescribed conditions are met. It cannot be said that this has exceeded the authority conferred by law. As to the range of restrictions for exercising the right of claims or performing obligations, although from a practical point it is hard to set a concrete standard, nevertheless it should still be confined within the limits necessary to carry out said Act.
Reasoning
1
    Articles 16 and 18 of the National General Mobilization Act do not confine the government's ability to restrict people's freedom to exercise the right of claims or to perform obligations only to all persons or all banks, corporations and manufacturers. It may also do this to some banks, corporations and manufacturers in a limited area, or under certain circumstances. The Outlines for the Implementation of the National General Mobilization Act have expressly provided this, too. In accordance with the above-mentioned provisions, the Executive Yuan has issued a Relief Order for Important Businesses. The executive order provides that a limited-shares corporation whose business is in important production, public utilities, or transportation, whose products or services are indispensable to domestic life, which has a proven export market, and which is liable to be shut down during catastrophes, yet is worth rebuilding, may apply to the agency supervising its business for relief. The executive order also provides that when relief is granted, the government may incidentally restrict the applicant's right of claims and obligations. Any limited-shares corporation that meets the conditions and kinds specified is qualified to apply. It cannot be said that this has exceeded the authority conferred by law. As to the range of restriction placed by the government on exercising the right of claims or performing obligations, although from a practical point it is hard to set a concrete standard, nevertheless it should still be confined within the limits necessary to carry out said Act.

'Translated by Robert Huai-Ching Tsai
Opinion Chinese only
 

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