台湾地区当选无效之诉实务述评
发布时间：2018-08-09 10:31
【摘要】：当选无效之诉是台湾地区司法介入政治选举、政治争议司法解决的一种重要形式,对于维护选举秩序,确保选举的公平公正具有积极作用。在"公职人员选举罢免法"第120、121条规定的条件下,选举委员会、检察官和候选人可以针对当选人提起当选无效之诉。不过法律条文中的一些概念不确定,当选无效的具体事由存在争议。从当选无效之诉的司法实务可以看出,由于法官裁判思维的法律形式主义倾向,追求公正、干净的选举结果的立法目的难以通过司法实践完全实现。
[Abstract]:The case of invalid election is an important form of judicial intervention in political elections and judicial settlement of political disputes in Taiwan, which plays an active role in maintaining the electoral order and ensuring the fairness and fairness of the election. Subject to section 120121 of the Act on the Electoral recall of Public officials, the Election Commission, the Public Prosecutor and the candidate may file a suit against the elected person for invalidity. But some of the concepts in the law are uncertain, and the exact cause of invalidity is disputed. It can be seen from judicial practice that due to the legal formalism tendency of judges' judgment thinking, the legislative purpose of pursuing fair and clean election results is difficult to be fully realized through judicial practice.
【作者单位】： 海峡两岸关系法学研究会;
【分类号】：D927
，
本文编号：2173798
[Abstract]:The case of invalid election is an important form of judicial intervention in political elections and judicial settlement of political disputes in Taiwan, which plays an active role in maintaining the electoral order and ensuring the fairness and fairness of the election. Subject to section 120121 of the Act on the Electoral recall of Public officials, the Election Commission, the Public Prosecutor and the candidate may file a suit against the elected person for invalidity. But some of the concepts in the law are uncertain, and the exact cause of invalidity is disputed. It can be seen from judicial practice that due to the legal formalism tendency of judges' judgment thinking, the legislative purpose of pursuing fair and clean election results is difficult to be fully realized through judicial practice.
【作者单位】： 海峡两岸关系法学研究会;
【分类号】：D927
，
本文编号：2173798
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