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Project of Legal Issues Regarding Inspection of Responsible Proprietor

Absrtact
The methods to execute this project include defending cases with regard to the management, inspection or other related matters of the Responsible Proprietors in administrative remedy proceedings, applying for administrative enforcement, reporting cases involving criminal conduct to the authority for investigation, providing legal consultation and offering suggestion for amendments of laws. The Executor’s accomplishments during the Project Term include defense in 6 cases during administrative appeal proceedings, defense in 10 cases of administrative litigation, 10 cases of providing legal consultation and 61 cases concerning the application for administrative enforcement to the responsible proprietors failing to pay fees. In addition, we have further provided the discretionary standards determining the fines specified in Article 16 and 20 of Waste Disposal Act and twice held legal seminars. By analyzing the cases of administrative appeal and legal consultation, it is learned that the cases in which the Responsible Proprietors appealed to the administrative remedy procedure against the administrative actions rendered by EPA have decreased in the percentage of 70% in comparison with the cases in 2003, showing that the procedure of rendering an administrative action in EPA has gradually become more and more strict and cautious. In addition, the number of cases of legal consultation have simply been 20% of that of the cases in 2004, and the complexity and comprehensiveness of the questions have been increased as well. The cases of administrative enforcement being reversed were zero, and the amount of pursuit accumulated until now has been more than 204,000,000 NTD. In view of the abovementioned accomplishments, the ultimate purposes of this project have indeed been achieved, including the pursuit of recycle and disposal management fee from the Responsible Proprietors.
Keyword
Recycling and Disposal Management Fee、
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