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图书目录：Interpretation Number
No. 578 Are the provisions of the Labor Standards Act, imposing upon employers the obligation to pay for workers' retirement pensions, and applying to all forms of employment relationships except for those that are difficult to enforce, constitutional? No. 576 Does the restriction on multiple insurance adopted from the Supreme Court Precedent apply to personal insurance under Articles 36 and 37 of the Insurance Act? No. 575 Does the Household and Police Separation Implementation Plan provide sufficient mitigation for police officers, who served in household registration affairs but did not possess the qualifications for public functionary, to return to their original posts or remain in office after the rebellion-suppression period has ended? Does the remuneration and ranking system under the Act Governing the Management of Police Officers conflict with the constitutional principle of equal rights? No. 573 Are the relevant provisions of the Act of the Supervision of Temples, prescribing that the disposition or modification of certain temples' real properties shall be approved by the authorities-in-charge, unconstitutional? No. 572 Is there sufficient ground to constitute a concrete reasoning for the objective belief that a statute violates the Constitution when the petitioner only has doubts or when the statute at issue may possibly be reconciled with the requirement for requesting a constitutional interpretation? No. 569 While a person may not bring private prosecution against his/her spouse under the Code of Criminal Procedure, is he/she also prohibited from instituting private prosecution against the person who commits the offense of adultery with his/her spouse? No. 568 Does Article 18 of the Enforcement Rules of the Labor Insurance Act, whereby the insurer is entitled to cancel the insurance in case the insured entity fails to pay the premium and default penalty or is incapable of payment, go beyond the power granted by the Labor Insurance Act and is it thus unconstitutional? No. 566 The Agricultural Development Act provides that a successor capable of self-tilling who inherits or accepts agricultural land used as a family farm and continues to engage in agricultural production is exempt from estate tax or gift tax. However, the Enforcement Rules of said Act provide that agricultural land used as a family farm does not include land that was legally classified for non-agricultural use before it was inherited or given as a gift, and a Ministry of Finance directive further defines that where the decedent died or the fact of giving the land as a gift occurred after the Enforcement Rules of said Act became effective, no estate tax or gift tax may be exempted for such land. Do said enforcement rules and directive add restrictions that are not prescribed by law and are they thus in conflict with the Constitution? No. 565 Is the Ministry of Finance directive in conflict with the principle of taxation by law embodied in Article 19 of the Constitution and the principle of equality in taxation set forth in Article 7 of the Constitution by allowing income tax relief to individuals selling listed stocks through securities transactions? No. 564 Does an administrative agency in charge of traffic control have the authority to permit or prohibit the placement of vendors' stalls on arcades for the purpose of maintaining the orderly flow of traffic, thereby restraining the property right of the owners of the land on which the arcades are set up, if it is so specifically authorized by law? No. 563 Does either formulating a Qualification Exam Outline or punishing a student with expulsion exceed the scope of university self-government and violate the Constitution? No. 562 Where the provision of Paragraph 1 of Article 34-1 of the Land Act that the disposal of or alteration to and the creation of encumbrance on co- owned land or construction may be effected only upon agreement of a majority of co-owners and the consent of those who own an aggregate of one half or more of the shares of such property is made applicable by Paragraph 5 thereof to joint ownership, a Ministry of Interior directive rules that such provision is not applicable to the disposal of or alteration to and the creation of encumbrance on the share of land or construction under ownership in common if such share is jointly owned by two or more persons. Is such rule in conflict with the Land Act and legally valid? No. 561 Does the requirement of notice of collection of rent in default for registration of termination of lease contradict the Constitution? No. 560 Is an alien employee entitled to claim burial compensation under Article 62 of the Labor Insurance Act for the death of his dependent who did not live with the employee inside the territory of jurisdiction of the Act and died outside such territory? No. 558 May the nationals, who have chosen their domicile and have had a household registry in Taiwan Area, return to the homeland at any time without being granted permission? No. 547 1 .Does Article 10 of the Chinese Herbal Doctor Certification Regulations requiring an overseas Chinese herbal doctor who has obtained the overseas Chinese herbal doctor examination certificate for passing the Chinese herbal doctor examination to take the make-up written examination instead of the interview when he or she returns to Taiwan to practice violate the work right guaranteed by Article 15 of the Constitution? 2.Does Article 10 of the Chinese Herbal Doctor Certification Regulations exceed the scope of authorization granted by the Physician Act and the Specialist and Technician Examination Act by imposing additional restrictions prohibited under the Physician Act and the Specialist and Technician Examination Act, thus violating the equal protection principle under the Constitution? No. 538 Is the relevant provision of the Regulations on the Supervision of the Construction Business regarding the replacement of registration certificates for the construction business in former war zones consistent with the principles of equality and legitimate reliance? No. 449 What does the holding in Interpretation No. 363, stating "the application for the establishment of public facilities during the enforcement period of the Act of Encouragement of Investment shall conform to Article 3 of said Act," mean? No. 446 Is the relevant provision of the Public Functionaries Discipline Act, prescribing that the period for filing a review starts from the date of a final criminal judgment, unconstitutional? No. 431 Does the decree issued by the Executive Yuan regarding the verification of the status of Armed Forces Non-Duty Officers contradict the Constitution? No. 426 Is the assessment of air pollution control fees under the Rules on the Assessment of Air Pollution Control Fees established by the competent authority as authorized by the Air Pollution Control Act constitutional? No. 412 Is Article 10 of the Enforcement Rules of the Act Governing the Replacement Test of the Reserve Military Personnel for Civil Positions promulgated by the Examination Yuan in contravention to its statutory authority, or to the constitutional mandate of equal protection of the right to work under Article 7 of the Constitution? No. 406 Does the additional restriction that a building permit shall not be issued until a detailed plan has gone through legal procedures contradict the property right of the people protected under the Constitution, and is it therefore inapplicable? No. 405 Does Article 21, Paragraph 2, of the Educators Appointment Act, which grants to those who have not been qualified through examination the same status for appointment to public offices as those who have been so qualified, contravene the Constitution? No. 394 Is it constitutional for the Regulations Governing the Supervision of the Construction Industry and the Ministry of Interior directive to provide for punitive administrative action against construction companies? No. 393 Is the Supreme Administrative Court Precedent, which holds that no petition for a retrial is admissible unless the act of forgery or fraudulent alternation has been deemed culpable by an irrevocable judgment or the commencement or continuance of a criminal proceeding involving such an act has been made impossible by causes other than insufficiency of evidence, in conflict with the Constitution? No. 383 Are the Ordinance and Directive issues by the Ministry of Economic Affairs according to the authorization of Articles 1 and 34 of the Mining Act in contravention to the law and the Constitution? No. 381 Shall the quorum requirement and the amount of affirmative votes to be cast in the First Reading Meeting held for the amendment of the Constitution be in accordance with Article 174, Subparagraph 1, of the Constitution? No. 379 Where the certificate of self-tilling ability is subsequently cancelled because the land transferee is found to be incapable of cultivating the land, is the land administration office entitled to delete the recordation already approved on the ground of nullification of the certificate of self-tilling ability? No. 377 Is the directive issued by the Ministry of Finance, which states to the effect that the income tax levied on any salary repaid in lump sum upon one's reinstatement should be based on the date of actual payment, constitutional? No. 369 Are the House Tax Act provisions with respect to the legal basis on which house tax may be collected, tax rates, the procedure authorizing local governments to determine the tax rates, and house tax exemption and reduction constitutional? No. 368 Where the legal opinion given in a decision made or an action taken by an administrative agency is held by an Administrative Court judgment to have erred in law, is it legal and constitutional for its supervisory agency to sustain such decision upon re- investigation of the facts and evidence carried out by the original agency? No. 367 Where the taxpaying body required by the Business Tax Act to declare and pay business tax is altered by the Enforcement Rules of the Business Tax Act and the Ministry of Finance Guidelines on the Assessment of Business Tax, are such Rules and Guidelines constitutional? No. 363 Does the Notice Regarding Rewards for Investment in the Establishment of Retail Markets in Taipei City promulgated by the Taipei Municipality on July 23, 1981, violate the civil rights of the people as protected by the Constitution and shall it thus not be applicable? No. 358 Is the Ministry of Interior directive constitutional in disallowing the partition of a fire escape, vehicle passageway, and frontage of a building for the purpose of recordation? No. 354 Is the provision of the Act Governing the Handling of Land Grant Certificates for Soldiers, providing that a land grant certificate is deemed to have been issued to a retired non- duty officer in Taiwan who is away from his military post, unconstitutional? No. 353 Is the Supreme Administrative Court Precedent constitutional in holding that a motion to stay the enforcement of an administrative act may be filed only if an administrative proceeding has already been instituted? No. 350 Are the provisions of the Guidelines for the Review of Recording of Superficies Acquired by Prescription, which require that the owner be specified at the time of application and that the application be dismissed even if finding out the name, address, etc., of the owner is impossible, consistent with the Constitution? No. 348 Are the relevant directions issued by the Ministry of Education, which require that publicly funded medical students of Yang-Ming Medical School accept assignments after their graduation and surrender their professional licenses for safekeeping before expiry of their service terms, unconstitutional? No. 347 Is the provision of the Precautionary Matters on Submission of Application and Issuance of Self-Tilling Certificates, which determines the ability to engage in self-tilling based on the location of a tiller's residence and farmland, unconstitutional? No.345 Are the relevant provisions of the Regulations Governing the Restriction on the Persons or Representatives of Profit-Making-Enterprise Defaulting on Tax Payments to Apply for Exit Permit, which impose various exit restrictions, unconstitutional? No. 344 Is the provision of the applicable standards prescribed by the Taipei City Government in respect of compensation for crops, lumber and fish, which imposes restrictions on the quantities of such crops, lumber or fish as are eligible for compensation, constitutional? No. 343 Is the directive issued by the Ministry of Finance to the effect that a privately built road is not the kind of thing eligible for tax payment consistent with the Constitution? No. 339 Is Article 18, Paragraph 1, Subparagraph 12, of the Commodity Tax Act excessive and contradictory to the Constitution? No. 320 Is the provision of the Enforcement Rules of the Act Governing Land Grants to Soldiers, which prescribes a base day for the issuance of disability benefits, unconstitutional? No. 306 Where a defense trial counsel in a criminal action brings an appeal under the Code of Criminal Procedure for the benefit of the accused, but fails to state in the appellate brief to the effect that the appeal is filed in the name of the accused, is such a defect in formality unalterable by amendment and does the court err in dismissing the appeal outright without first ordering an amendment to be made within a fixed time limit? No. 283 Does a pardon granted by the President have retroactive effect? No. 278 1.Is Article 21 of the Educators Appointment Act Educational Personnel requiring that qualification for employment as school staff shall be based on passing the School Administrative Personnel Examination or the Senior and Junior Examinations of comparable subjects consistent with the Constitution? 2.May school staff who have not been qualified through examination only be employed at their original schools? No. 260 Do the established provincial representative bodies have legislative power and shall the existing legislations of the provincial assembly and provincial governmental organizations remain operative? No. 259 Shall the laws of the Central Government be applicable to special (Executive-Yuan-governed) municipalities before laws of local self- governance are enacted? No. 257 Is the provision of the Rules Governing the Levy of Taxes on Commodity, which has treated imported compressors used in the assembly of vehicular air conditioners/heaters as being in the category of air conditioners and levied commodity tax accordingly, unconstitutional? No. 255 Are the relevant interpretative directives and orders issued by the Ministry of the Interior unconstitutional to the effect that non-planned roads may be removed ex officio or upon application after the planned roads are developed and completed? No. 243 May a public functionary who is subjected to an administrative decision of either removal from office or recording of a demerit institute an administrative litigation? No. 237 Is there a contradiction with the Constitution when the deadline for issuing a uniform invoice is the date of payment collection, but the uniform invoice is issued on the date specified on the accepted post-dated check? No. 235 Are auditing divisions in provinces (cities) that conduct audits of the finances of the provincial (municipal) government in said provinces (cities) under Article 5 of the Audit Act in conflict with the Constitution? No. 234 Does demarcation of national, provincial and hsien tax receipts contradict the Constitution? No. 233 Does Article 108, Paragraph 1, of the Code of Criminal Procedure regarding the court's decree for extending detention contradict Article 8 of the Constitution? No. 232 Does Article 25 of the Land Act apply in the case where the joining of publicly owned lands to those of landowners, who under Article 58 of the Equalization of Land Rights Act voluntarily compose a rezoning committee to deal with the rezoning of urban lands, is a disposal activity rendering alteration of right based on the landowner's self-intent? No. 231 Should a special budget proposed in response to an emergency or a serious event be included in the total national budget? No. 223 Do the terms of Ordinance (1985) J.J.T. No. 3217 issued by the Kinmen War Zone Political Affairs Committee respectively prescribing the speed limit for each section of road in each area contradict the Constitution? No. 222 Do Articles 2 and 4 of the Guidelines Governing the Examination, Endorsement, and Approval of Corporations' Publicly Issued Financial Reports Submitted by Accountants promulgated by the Securities and Exchange Commission contradict the Constitution? No. 220 Does the first sentence of Article 8 of the Regulations Governing Settlement of Labor Disputes during the Period of National Mobilization for Suppression of the Communist Rebellion stating that "If either party disobeys the ruling of the Labor- Management Arbitration Committee, the competent authority may strictly execute that ruling" infringe upon the people's right to litigation under Article 16 of the Constitution? No. 215 Does the handling process for obstacle constructions, which originally existed within the sphere of land used for public roads prescribed in Article 11 of the Urban Roads Act, contradict Articles 15 and 143 of the Constitution? No. 214 Do the Executive Yuan Order, stating that "credit cooperatives can no longer be established in any township," and the Provisional Regulation Governing the Relevant Supervising Financial Authorities Authorized to Manage Credit Cooperatives Uniformly, contradict the Constitution? No. 212 Shall the community development fees be levied if that public work satisfies the requirements for a levy under Article 2 of the Act Governing the Collection of Community Development Fees by Construction Projects? No. 210 Does Article 23, Paragraph 3, of the Act of Encouragement of Investment amended on December 30, 1984, regarding certain types of interest exempted from income tax include interest on loans raised among private persons? No. 208 What does the lessee of tillage mean under the Equalization of Land Rights Act? No. 205 Do the terms of the Guidelines for Examinees stating that the assignment of persons who passed the rank B examination is limited to military officers and the persons who have recently been replaced and resettled and will not be reassigned contradict the Constitution? No. 203 Does the process regarding not rehiring a teacher whose employment contract has ended contradict Articles 15 and 165 of the Constitution? No. 197 Is the Supreme Administrative Court Precedent constitutional in holding that a motion for retrial on the ground of errors in the original judgment must be filed within two months from the time of receipt of the issuance of such judgment? No. 195 Is the provision of Paragraph 2 of Article 25 of the Enforcement Rules of the Act of Encouragement of Investment in conflict with the Constitution? No. 176 Does the criminal act stipulated in Article 216 listed in Article 5, Subparagraph 5, of the Criminal Code include causing the circulation of documents specified in Articles 210, 212, 213 and 215 of the Criminal Code? No. 172 Is there any conflict with the Constitution when the Regulations for the Correction of Birth Date on the Household Registration Record provide that the so-called other satisfactory credentials shall be limited to those believable original credentials? No. 167 Is a company which has changed its organization from a limited company to a company limited by shares required to pay deed tax for its immovable property? No. 164 Is there any application of the provisions of the defunct prescription on the right to claim the removal of the interference by the owner of a reg-istered real property? No. 163 After the deduction of necessary expenses and actual losses, if there is any compensation acquired by the lessee of a farmland for the termination of the lease contract left, shall income tax be levied on such compensation? No. 153 There is an appeal against the ruling without the payment of court costs, and the presiding judge immediately dismisses the appeal by a ruling without fixing a period and ordering the defects to be amended within such period. When this ruling becomes irrevocable, is it a matter of whether the application of laws or regulations violates the Constitution? No. 151 Is the tax authority permitted to levy tax for any lost inspection certificate in accordance with Article 128 of the Rules Governing the Levy of Taxes on Commodities? No. 149 Who shall be ordered to make good the payment of the court costs derived from the decision made before the remanded trial? No. 145 Does the "majority of people" elaborated in Interpretation Yuan-Tze No. 2033 regarding Article 234 of the Criminal Code include "a specific majority of people"? No. 100 Is it legal for the rules of a company's Articles of Incorporation to stipulate the number of stockholders present and the number of votes required higher than the number of the legal minimum? Index Relative Laws or Regulations 相关法令 Key WOrds 关键词 Translators Interp retations Translated |
