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  • Interpretation
  • No.40
  • Date
  • 1954/10/06
  • Issue
    • May a government agency itself bring forth an administrative litigation against another agency?
  • Holding
    •        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.
  • Reasoning
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