您的瀏覽器不支援JavaScript語法,但是並不影響您獲取本網站的內容
司法院內部與外部景觀圖片動畫
::: | | 大法官 | 案件審理 | 大法官解釋 | 相關法規 | |
 
多條件查詢頁面按鈕

 

:::
 

大法官解釋表頭

(釋字第 120 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.120 
Date 1967/3/1
Issue Does a member of the Control Yuan can serve concurrently as a publisher of a newspaper or magazine?
Holding
1
    The business activities carried out by the publisher of a newspaper or magazine fall within the scope of business as referred to in Article 103 of the Constitution. Thus, a member of the Control Yuan is prohibited from serving concurrently as a member of the Control Yuan and the publisher of a newspaper or magazine.
Reasoning
1
    Since the primary function of members of the Control Yuan is to supervise the actions of the government, all members of the Control Yuan should maintain an impartial (unprejudiced) position and are therefore prohibited from conducting business as referred to in Article 103 of the Constitution. A publisher of a newspaper or magazine cannot publish his or her newspaper or magazine without obtaining prior approval from the competent executive authority. Thus the competent executive authority will censor the business activities carried out by the publisher of a newspaper or magazine. If a member of the Control Yuan serves concurrently as a member of the Control Yuan and the publisher of a newspaper or magazine, he will be censored by the competent executive authority. This is obviously inconsistent with the function of members of the Control Yuan in supervising the actions of the government. Thus, the business activities carried out by the publisher of a newspaper or magazine fall within the scope of business prohibited in Article 103 of the Constitution. A member of the Control Yuan is therefore prohibited from serving concurrently as a member of the Control Yuan and the publisher of a newspaper or magazine.

'Translated by Li-Chih Lin, Esq., J.D.
Opinion Chinese only
 

BACK

 
 
::: Home 中文(Chinese) Site Map
 
使用聲明 Copyright©2004 JUSTICES OF THE CONSTITUTIONSL COURT. JUDICIAL YUAN 本網站建議使用解析度為1024*768全彩及Explorer5.5以上瀏覽器     通過A+等級無障礙網頁檢測
多條件查詢頁面連結點 解釋爭點總覽頁面連結點