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 Foreword
 Administrative Litigation System
 
 Two-Level Two Instance
 Types of Litigations
 General Litigation Procedures and Simple Litigation Procedures
 Procedures for Retrials
 Preservation Procedures
 Applicability of Civil Procedure Code
 Address of the Court and Jurisdiction Areas
 Organization System
 Establishment of Tainan Court for the Benefit of People in Yunlin, Chiayi and Tainan
 Characteristics and Achievements
 Conclusions
 
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Administrative Litigation System
 
 1.Two-Level Two Instance
  The trial levels of administrative litigations are two-level two instance. That is, the administrative courts are divided into high administrative courts and the supreme administrative court. In the event that appellants do not accept the litigation decisions, they shall bring the litigations to the high courts. Those who do not accept the judgments of high courts, unless otherwise specified in the laws, shall then apply for defense or litigations. Therefore, the high courts deal with first trials based on facts and law on the principle of a verbal trial. The supreme court deal with litigation trials based on law on the principle of a written trial. Nevertheless, under particular conditions, they may have the function of both verbal and arguments and trials based on facts.
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 2.Types of Litigations
  In the old system, there was only one kind of appeal-revoking litigations. The new system takes account of the fact that in Germany, in addition to revoking litigations, there are also requests for obligatory litigations, confirmation litigations, regular settlement litigations and special litigations for protecting the public interest.
  (i)Revoking litigations: Administrative litigations shall be raised on illegal administrative punishments that are believed to damage rights or legal interests in disputes of public law.
  (ii)Obligatory litigations: Administrative litigations shall be raised on disputes over public law such as "litigations on disobedience regarding punishments" and "litigations on disobedience regarding denial of application," etc.
  (iii)Confirmation litigations: Administrative litigations shall be raised on disputes over public laws such as "litigations on confirmation of invalidity of administrative punishments," "litigations on establishment or non-establishment of legal relations in public law," "confirmation that the executed or terminated administrative punishments due to other reasons are illegal," etc.
  (iv)Regular settlement litigations: It is specified that to protect the public interest, the public shall raise administrative litigations on matters disregarding their own rights and legal interests under illegal administrative behavior by administrative authorities.
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 3.General Litigation Procedures and Simple Appeal Procedurs
  (i)General litigation procedures: In general, the administrative litigation events are litigation procedures. There has to be verbal arguments in the procedure of the first trial in which the clients have to make statements on the facts and law regarding the litigation relationships; as the administrative litigation involve the public interest, the administrative courts, as a result, have to investigate the factual relationships without any restraint on the claims of the clients while the adjudicators specify the matters to be exercised. These have been specified in the new Act. Regular litigation cases under trial in high courts come under three judges in the collegiate system.
  (ii)Simple litigation procedures: Cases of simple litigations specified in Article 229 of the Administrative Litigation Act apply to simple litigation procedures. In general, no verbal arguments are required. One single judge will conduct the simple litigation.
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 4.Procedures of Retrials
  In sentences where the revoking or amending the original punishments or decisions is also of concern to a third party, it will be unfair if a third party is able to submit the attack or defense which shall influence the sentence results but is unable to participate in the appeals due to reasons beyond his/her control and experience disadvantage due to the revocation or amendment of the decisions. The current Administrative Litigation Act has a retrial system, allowing a third party to request retrials on confirmed final sentences.
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 5.Preservation Procedures
  There are currently systems for provisional appropriation and provisional disposition as follows: (i)Provisional appropriation: A system to protect enforcement in provisional appropriation between central or local authorities and people regarding settlement due to public law or settlement regarding contracts in public law.
  (ii)Provisional disposition: One shall be able to raise administrative litigations on disputes on public law. However, the litigation procedures are very complicated. Provided the right statutes are amended or will be amended as concerns public law, although those appealing may win their litigations, they will not be able to exercise their rights. Therefore, there is a system of coercive execution according to the concept of provisional disposition. Furthermore, in the event of necessity of provisional statutes in public relationships in disputes over public law, provisional dispositions shall be applied for provisional statutes.
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 6.Applicability of the Civil Procedure Code
  Although the way disputes over legal relationships in public law are handled in administrative litigations is different from the way disputes on legal relationships on private law in civil procedure are handled, one can still find similarities in litigation types and procedures. Therefore, there is the rule of applicability of Civil Procedure Code.
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