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(釋字第 172 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.172 
Date 1981/12/18
Issue Is there any conflict with the Constitution when the Regulations for the Correction of Birth Date on the Household Registration Record provides that the so-called other satisfactory credentials shall be limited to those believable original credentials?
Holding
1
    Article 3, Paragraph 1, Subparagraph 6 and Paragraph2, of the Regulations for the Correction of Birth Date on Household Registration Record issued by the Ministry of the Interior provide that the so-called other satisfactory credentials, which have been submitted for applying for correction of the birth date on the household registration record, shall be limited to those believable original credentials. The above-mentioned provision is for the purpose of achieving the preciseness of the correction, not going beyond the legal authority of the Ministry of the Interior. This provision does not infringe upon people’s right to work and right to hold public office which are guaranteed by the Constitution as well, and therefore there is no conflict with the Constitution.
Reasoning
1
    For Article 172 of the Constitution provides: “Regulations that are in conflict with the Constitution or with statutes shall be null and void,” and Article 7 of the Standard Act for the Law and Rules also provides that every administrative agency, according to its legal authority or based upon the delegation of the statutes, may set up the regulations and after the issuance of these regulations, shall immediately delivery them to the Legislative Yuan, the issuance of regulations by every administrative agency, except for the issuance of those being in conflict with the Constitution or infringing upon people’s rights, is within the due exercise of its authority. Article 36 of the Household Registration Act only provides that if there is any mistake or omission in the household registration record, it shall be corrected, and also Article 19, Paragraph 1, Subparagraph 14 of the Enforcement Rules of the Household Registration Act only provides: “In reference to the correction of the record, if it is not a mistake derived from the process of keeping the record, the applicant shall submit credentials at the time the application is made.” As for what kind of credentials should be submitted and would be believable when a person applies for correction of the birth date on the household registration record, it is not provided by the Act. The Ministry of the Interior in the Central Government is the authority concerned with the administration of the household registration, and in order to make all the household administrative agencies throughout the country deal precisely with similar cases, the Ministry set up and issued the Regulations for the Correction of Birth Date on Household Registration Record. In addition, the Regulations were reported to the Executive Yuan for examination and delivered to the Legislative Yuan for reference when it was amended and promulgated both on February 16, 1976, and on May 12, 1978. According to Article 3, Paragraph , Subparagraph 6 and Paragraph2, of the Regulations, the so-called other satisfactory credentials, which have been submitted for applying for correction of the birth date on the household registration record, shall be limited to those believable original credentials, which shall have been examined and deemed to be true by the director of the household administration office and shall be sufficient to confirm there actually being a mistake in the birth date on the household registration record. The above-mentioned provision is for the purpose of achieving the preciseness of the correction, not going beyond the legal authority of the Ministry of the Interior, and is within the due exercise of the administrative authority; this provision does not infringe upon people’s right to work and right to hold public office which are guaranteed by the Constitution as well, and therefore there is no conflict with the Constitution.

'Translated by Jer -Shenq Shieh.
 

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