Administrative Law and Administrative Procedure
What the section tests
Administrative law tests the legality and procedural fairness of administrative acts under the Administrative Procedure Act (行政程序法) and related statutes.
Core rules
- Administrative act (行政處分): a unilateral, authoritative decision by an agency on a specific matter affecting rights or obligations (Art. 92).
- Legality: statutory basis, proper authority, correct procedure, and no abuse of discretion.
- Discretion: agencies must consider relevant factors and may not act arbitrarily; courts review abuse, not the merits.
- Procedure: notice, a hearing before adverse acts (Art. 102), a statement of reasons (Art. 96), and proper service.
- Revocation vs abolition: revocation (撤銷) removes an unlawful act, often retroactively; abolition (廢止) ends a lawful act prospectively.
- Remedies: administrative appeal and administrative litigation.
Worked example
An agency revokes a restaurant’s licence after a hygiene report, without a hearing. Revocation of a beneficial act is adverse, so Art. 102 requires a hearing unless an Art. 103 exception applies. A routine hygiene report is neither urgent nor obvious. The act is procedurally defective; the omission may be cured only in limited circumstances, and the licensee can seek annulment.
Traps
- Confusing revocation with abolition.
- Assuming a hearing is always required; check Art. 103.
- Forgetting the statement of reasons.
- Treating administrative guidance as legally binding.
- Reviewing the merits of discretion rather than abuse.