從通訊傳播基本權檢討國家通訊傳播委員會的建構

Translated title of the thesis: A review of establishment of National Communications Commission from the freedom of communication
  • 文健 蔡

Student thesis: Master's Thesis

Abstract

Freedom of Communication and Telecommunication is an important Fundamental Right in modern society; however, only few academia literatures ever stressed the distinctions between “Freedom of Communication” and “Freedom of Telecommunication (Radio and Television),” so did Judicial Yuan’s Interpretation No. 613. This thesis is started from the Fundamental Rights in Communication and to discuss the organization of National Communications Commission (hereinafter referred to as the “NCC’). Hence, it’s a thesis focuses on the organization of NCC, but the author expects to begin with the regulated fundamental rights. From the perspective of this thesis, NCC is existed for protection of Fundamental Rights in Communication, and NCC’s existence therefore corresponds to demands of functions of Fundamental Rights, in Communication, especially the objective ons.
NCC is designed to be one independent administrative commission granting it autonomy to make impartial policy for each single case. The unavoidable question is whether such a newly-developed organization is constitutional under Taiwan’s constitution structure, especially to survive the examinations of the Principle of Separation of Powers and the Principles of Politics of Accountability. Besides, NCC has no right to grant subsidization, and this thesis tries to figure-out whether it would cause influences on NCC’s authority to some extend. Finally, although NCC is organized, there still is room for NCC to improve its impartiality and conflicts-of-interest avoidance.
Date of Award2009 Apr 24
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

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