Researcher Database

（Last updated : 2024-03-31 18:21:21）

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TSAY Shiow-Ching

Department / Course College of Policy Science Department of Policy Science

Title / Position Professor

Other Affiliations
1.	Graduate School of Policy Science

Academic background
1.	1991/04/01～1994/03/31	Doctorial Course │ Nagoya University │ Completed Doctor of Laws
2.	1989/04/01～1991/03/31	Doctoral Program (1st Semester) │ Nagoya University │ Completed
3.	1979/09/01～1983/06/30	Department of Law │ College of Law │ National Taipei University(Former National Chung-Hsin University) │ Graduated

Research activities
1.		Japan Public Law Association
2.		Japan Society of Comparative Law
3.		Japanesse Asociation Asian Law
4.		Japan Association for the Study of Local Government
5.		The Japan Association for Taiwan Studies
Display All（7）

Subject of research
1.	Common Principle of Administrative Laws in East Asia
2.	Effective Administrative Remedy Seen from Viewpoint of Guarantee of Rights and Profits of People/Residents
3.	Preparation of General Law Relating to Securing of Performance of Administrative Obligation

Research summary
1. Effective administrative remedy from the viewpoint of securing the rights and benefits of citizens. 2. Preparation of general statutes concerning the guarantee to exercise administrative obligations. 3. Common rules and principles of administrative laws in East Asia On 1: Under the current administrative remedy system, especially in the types, and the requirements for action, etc. of administrative litigations, rigid operation of action types and strict interpretation of action requirements have been repeated, and it is difficult to say that it is effective on the part of the citizens. This being the case, it is necessary to establish or evolve an effective legislation-wise or an interpretation-wise administrative remedy in order to secure the rights and benefits of the citizens. This study aims to organize the significance and issues of each type of administrative litigation, on its positioning, correlations, and action requirements, etc. from the point of view of securing the rights and benefits of the citizens, in search of the theory of interpretation of the law and the theory of legislation. On 2: There are no general statutes in Japan concerning the guarantee to exercise administrative obligations. Under the current legal system, the laws are scattered with the Act on Substitute Execution by Administration for execution by proxy and individual acts that respond to each individual fields. However, in view of inadequacy of administrative subrogation, diversity, the limitations in individual acts restricting response, etc., the enactment of a general law concerning the guarantee to exercise administrative obligation is desired. This study shall present the important points to be discussed for establishing a general act concerning administrative compulsory execution and administrative penalty in order to organize the relations with existing laws. On 3: Discussions on formation theories of laws common to East Asia, and law integration theories are being conducted in each field of law. Having said this, on a civil law level, accompanying the globalization of economic activities, the need and significance for a new legal order for the global society to regulate economic activities and to provide order across boarders seem to be taken relatively lightly, and in the field of public law, a passive attitude can be seen on the possibility of forming a common law on a constitutional or administrative law level of each country. However, administrative issues commonly faced by each East Asian country, will increase in the fields of environment, public hygiene, prevention of and recovery from natural disasters, consumer protection, police, criminal, justice, etc., and multi-national cooperation or a so-called global response by the administration will be required. As described, when the new image of administration will change, both in quality and in quantity, then legal and democratic control for global administration will be required. This study conducts the search for common rules and principles for administrative laws in East Asia for legal and democratic control of global administration.

Present specialized field
Administrative law, Public law, Public law (Keyword：Administrative Law, Comparative administrative Law, Asian Law, Chinese Law, Taiwanese Law, Common law in East Asia, Common principle of administrative law in East Asia)

Papers
1.	2023/10	Significance and Legal Control of Administrative Orders in Taiwan │ ,pp.67-96 (Sole-authored)
2.	2021/03	Significance and Issues of Establishment of the Planning Litigation in Taiwan │ ,pp.347-362 (Sole-authored)
3.	2011	The Education of Anglo-American Law in Japan │ Soongsil Law Review │ (26),pp.271-284 (Sole-authored)

Academic conference presentation
1.	2011/05	The Education of Anglo-American Law in Japan

E-Mail Address