AstaHuang
Coming to class🔔 Administrative Law: Can private individuals exercise public power?
Pulled out my old notes from when I was studying for the civil service exam😆 I'm writing this based on my memory, so it might not be 100% accurate, and laws might have changed. Don't take it too seriously, and feel free to skip if you find it boring🤣 📚 Both are private individuals working for the government, but their status is different? Three types of private individuals assisting the government in executing public duties: ① Entrusted with exercising public power (Administrative Entrustment) The government legally entrusts the exercise of certain public powers to private entities. Within the scope of the entrustment, the entrusted entity can make administrative dispositions in its own name. If citizens are dissatisfied, they can file for administrative remedies according to the law. ② Administrative Assistant (Administrative Auxiliary Person) You can think of them as the government agency's 'tool.' Although they assist in executing public duties, they do not have the qualification to independently exercise public power. If you are dissatisfied with a disposition made by the administrative agency, the subject of remedy is, in principle, the administrative agency itself, not the assistant. ③ Expert Participation (Independent Administrative Assistant) For example, when the government requests an expert to conduct an appraisal, the expert can independently provide professional opinions, but this does not mean they have the authority to make administrative dispositions. If the government makes a disposition based on their appraisal report and citizens are dissatisfied, they should, in principle, seek remedies against the disposition of the administrative agency, not the expert. Simply put, the biggest difference among the three is whether they have been legally granted the authority to independently exercise public power.
2026.10.13 PM 6:57 · View Count 139
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Lv.29
有錢1799
Thanks for sharing
Lv.46
喵鴉
The font is so pretty (off-topic lol)
Lv.76
爽啊刺阿
Thanks for sharing
Lv.19
maoye
So neatly organized! Looks like a total bookworm.
Lv.82
乂楓糖乂
Thanks for sharing, looks difficult
Lv.58
想錢想瘋了
Thanks 1
Lv.97
娜娜Anna
Thanks for sharing, reinforcing my knowledge😆
Lv.62
凱特io
The handwriting is really nice!! So, did you get accepted already?
Lv.74
FUYI
1. Entrusted Exercise of Public Power (Administrative Entrustee) This is the most common and concrete situation where private individuals exercise public power. According to Article 16, Paragraph 1 of the "Administrative Procedure Act": "An administrative agency may, in accordance with regulations, entrust part of its authority to a private organization or individual to handle." Examples: Private schools, vehicle inspection stations 2. Administrative Assistant (Administrative Auxiliary) An administrative assistant refers to a situation where a private individual does not have independent decision-making power but assists the administrative agency in performing public power tasks under the direction, supervision, or instruction of the administrative agency. Examples: Volunteer firefighters, volunteers, towing service providers 3. Requisition or Fulfillment of Public Law Obligations When the state faces emergency disasters, wars, or public health crises, the law authorizes administrative agencies to forcibly require private individuals to assist in providing labor or exercising corresponding powers according to regulations. Examples: Private organizations requisitioned by the government 4. Private Arrest in Criminal Law (Citizen's Arrest of a Suspect in the Act) Example: A citizen assisting in detaining or apprehending a suspect in the act
Lv.66
lisall
Your handwriting is so neat and pretty~~
Lv.6
七歲
The font looks so nice w
Lv.36
玥雪兒
This character is so pretty.
Lv.36
玥雪兒
Looks like you're also preparing for the civil service exam.
Lv.7
林琮晃
Thanks for sharing
Lv.73
woods
Thanks for sharing your legal knowledge.
Lv.29
阿月貓
Wow, a scholar!
Lv.71
討厭鬼
Learned something new.