台灣對管制規範的改革—以對電子媒體核發臨時執照的運用為核心

Abstract

For the purposes of legal norms, all regulations are to overall efficiency, but excessive regulation will be mutual interference as to obstruct efficiency. The regulatory reform has become a responsibility of guarantor state. But for the fair competition or maintenance of social diversity shall be means special permission of regulation, this is the concerns of economic administrative law and Fair Trade Act. In particular, for regulation of electronic media involves freedom of expression and make it easier for controversial issue. In July 2005 Taiwan’s Government unprecedentedly rejected seven satellite broadcasting and television operator's application for the renewal of the operation license. At the time it caused much controversy. In support of the rule of law and procedures, which has a certain worth exploring. How to avoid producing all or none as a result of regulation, traditionally mainly to make administrative disposition with the incidental provision of agrees to the application licensing, mostly is the "conditions" or "burden" manner. But this way is not without controversy, in particular administrative discretion often become the focus of controversy. In 2007 the Cable Radio and Television Act amendments to new articles 35-1, it is creation of the "temporary operation license” as a new models of regulation. The regulatory reform is also as a responses of controversy in 2005. The temporary operation license could replace direct refused to apply for the renewal of the operation license, and also can be replaced by making a provisional injunction of Administrative Court. More importantly, the temporary operation license created the regulatory measures for the time foresee the possibility, this is the lack of the administrative disposition with incidental provision by the advantages. After all the purpose of regulation to public interests. At the same time how to balance the rights of the applicant of operation license, the temporary operation license should be the greatest common divisor.