Interpretation
J.Y. Interpretation |
NO.40
|
Date |
1954/10/6 |
Issue |
May a government agency itself bring forth an administrative litigation against another agency? |
Holding |
1 Article 1 of the Administrative Proceedings Act states, a national shall have the cause of bringing forth an administrative litigation for damages to his/her rights resulting from the Central or local government agency's unlawful action or disposition. Thus, only a national can serve as petitioner in an administrative litigation. In accordance with its organization rules, the Taiwan Bureau of Commodities is a bureaucratic office of the Taiwan Provincial Government, which is different from a county or town autocratic administration under Interpretation Yuan-je Tze No. 2990, and should not apply that Interpretation mutatis mutantis. Nor can a government agency rely upon Article 32 of the Customs Smuggling Control Act to bring forth an administrative litigation on the ground that it is silent on the qualification of a petitioner. 'Translated by Professor Andy Y. Sun.
|