英文關鍵詞： claim right of public law；extinctive prescription；execution time；comparative law；analogy 英文摘要： Since the enforcement of administrative procedure law, the following Art. 131 which are the rules about extinctive prescription of claim right of public law, produced lots of fundamental doubts in judicial practice. At first, what “claim right of public law” in Article 131 Paragraph 1 means, there is difficulty in interpretation and appliance; for example, is the application period set by law the prescription period? Is the execution time in Administrative Execution Act the prescription period? Is it limited to claim right of public law with the character of property rights? Secondly, how starts the extinctive prescription of claim right of public law? This problem is chiefly concerned with the dispute about subjectivism and objectivism; that is, when people starts extinctive prescription whether people considers the subjective cognitive factors of claimants. This article surveys legislation reasons and institutional purposes of the extinctive prescription system under claim right of public law in administrative procedure law; in addition, considering claim right of public law in administrative procedure law referring to German legal system, we check the discussions about this issue in academic circles of public law in Germany. Here the problems about methods of analogy in civil law are involved. Based on the aforementioned three areas, this article tries to bring up the recommended directions of solutions to solve the previous doubts in judicial practice.
目 次： 壹、司法實務見解顯示的疑義
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