Best Administrative Lawyers in Taiwan

About Administrative Law in Taiwan, Taiwan

Administrative law in Taiwan refers to the body of law that governs the activities of administrative agencies of the Taiwanese government. It is designed to manage state administrative actions, ensuring that the administration acts within the law, respects the rights and freedoms of citizens while also executing its duties efficiently.

Public administration by its very nature has a significant impact on the lives of citizens and companies alike. A well-functioning administrative legal system helps maintain the balance of power, protection of individual rights and enhances the confidence of people in the government.

Why You May Need a Lawyer

While you don't necessarily have to hire a lawyer to deal with all matters relating to administrative law, there are many situations where lawyer's advice becomes indispensable. These include when you're involved in a complex litigation against a government agency, when you're seeking benefits from a state-run agency, or when you believe your rights are violated by a government decision.

Administrative law in Taiwan is complex, comprising of numerous regulations, rules, procedures and legal standards. Navigating this complex web of rules and regulations is challenging, and herein lies the crucial role of an administrative law attorney. Such a lawyer has the requisite knowledge and experience to ensure your rights are protected and your case is effectively presented.

Local Laws Overview

In Taiwan, administrative law is primarily codified by the Administrative Procedure Law. This law contains rules regulating the formation, execution, and review of administrative acts. It lays down the procedural requirements for administrative decision-making and provides for judicial review of administrative acts to ensure legality, transparency and fairness.

Other laws that come under the purview of administrative law in Taiwan includes Civil servants Election And Recall Act, The Act Governing Relations between People of the Taiwan Area and the Mainland Area, and Freedom of Information Act among many others.

Frequently Asked Questions

What are some major bodies involved in administrative law in Taiwan?

The Judicial Yuan and the administrative courts are fundamental bodies involved in reviewing administrative actions. Additionally, the Control Yuan, Taiwanese Ombudsman, plays a supervising role towards the public administration.

Can I appeal an administrative decision in Taiwan?

Yes. You can appeal an administrative decision in Taiwan through a process called 'administrative appeal'.

What is the process to appeal an administrative decision?

The first step is to apply for reconsideration with the administrative agency that made the decision. If the reconsideration decision is still unfavorable, you can appeal to the administrative court.

What can an administrative lawyer do for me?

An administrative lawyer can represent you in interactions with government agencies, help you understand and comply with regulations, challenge or appeal unfavorable administrative decisions and help protect your rights.

Is there a deadline to appeal an administrative decision?

Yes. As per the Administrative Appeal Act, the appeal must be filed within 30 days of receiving the decision.

Can I get compensation if an administrative agency harms me?

If you have suffered a damage due to an unlawful action or negligence of a government agency, you may claim compensation as per the State Compensation Law of Taiwan.

Can legal aid in Taiwan assist with my administrative dispute?

Yes, the Legal Aid Foundation offers legal advice and assistance to persons who cannot afford a lawyer and meet certain eligibility conditions.

How long does an administrative case take?

The duration of an administrative case depends on various factors, including the complexity of the case, the workload of the court and whether an appeal is lodged.

What rights do I have during an administrative process?

Your rights during an administrative process include, but not limited to, right to be heard, right to receive reasons of decisions, right to legal representation, and right to seek review of a decision.

How much does it cost to hire an administrative lawyer?

The cost to hire an administrative lawyer varies depending on the complexity of your case, the lawyer's experience and reputation, and other factors.

Additional Resources

Government bodies such as the Ministry of Justice, Judicial Yuan, and Legal Aid Foundation provide valuable resources and services. Additionally, the Law Bank, a legal database maintained by the government provides accessible information on laws and regulations in Taiwan.

Next Steps

If you believe you might be needing legal help, the first step is to identify a knowledgeable and strategic attorney who is well-versed in Taiwan’s administrative law. You can seek recommendations from friends or professional networks, or consult with the local or national bar associations.

An initial consultation with the lawyer will help you understand your case, possible strategies, and costs involved. It’s important to provide them with all the relevant information and documents related to your concern. Together, you can chart out the next steps and form a plan of action.

And above all, knowing and understanding your rights as well as your obligations in the administrative process is fundamental. Always seeking legal advice when in doubt can save you from potential missteps and negative repercussions in your case.