- 英文摘要
- Abstract
On April 24, 2019, a new amendment of Article 10 of the Protection of Children and Youth Welfare and Rights Act (PCYWRA), enacted “The director of the authority shall be served as a convener to invite relevant scholars or experts of children and youth welfare, representatives of the relevant private institutions or groups, representatives of the industry competent authorities, and representatives of children and youth to coordinate, to study, to review, to consult, and to promote the welfare policy for children and youth.” The provision raised the legal question whether minors could be members of the advisory committee of government agencies. Furthermore, what does it mean for minors to participate as committee members? This study explores this issue from the perspective of public law. First, the meaning of the capacity to act under the current legal system is clarified. In addition, the ambiguity regarding the concept of administrative procedure capacity to act and limitation of application to the doctrine of the capacity to act in private law are highlighted. The following two aspects are then discussed. First, the role of the council/advisory committee in current administrative activities, as well as its functions and implications of participation are discussed and the rules and its members of the advisory committee of welfare and advocacy analysis. Second, Article 12 of the Convention on the rights of children to be heard and the requirement of practical practice in our legal system are examined. The interpretation of Article 22 of Taiwan’s Administrative Procedure Act and the newly amended Article 10 of PCYWRA is also considered. Conceivably, not only representatives of children should be allowed to participate in the advisory committee of welfare and advocacy but also to respect the best interests of children and youth and to realize the rights of children to be heard. In addition, this work also conducts a comparative study of Japanese law to provide suggestions and new perspectives for legal research in Taiwan.
- 目次
- 目次
壹、前言
貳、行政過程中兒童及少年之行為能力與程序參加
一、行政過程中的私人及其行為能力
二、限制行為能力作為法律概念之規範意義
三、兒童及少年之行政程序上行為能力
參、諮問型委員會中兒少代表的參加
一、現代審議委員會之機能與規範要素
二、公民參加型行政過程之兒童少年代表的地位
三、從兒童權利公約第12條兒少表意權看兒童少年之程序參加
肆、結語