A. Over the past several decades, in addition to the diffusion of education and rapidly-growing awareness of people, the structure of society has changed significantly,and the development of business and trade has accelerated due to great progress in politics, economy and culture. With the great increase in administrative litigation, the Administrative Litigation Act promulgated on June 23, 1933 was not able to meet practical needs. In view of this fact, the Judicial Yuan established a Committee for Studying and Amending the Administrative Litigation System in July 1981. After deliberate research and discussion, the Committee completed a proposed amendment and submitted it to the Legislative Yuan for three readings eleven years later, and the amendment was finally promulgated by the President on October 28, 1998.
B. The Administrative Court was divided into the High Administrative Court and the Supreme Administrative Court in the amended Organic Act of the Administrative Court promulgated on February 3, 1999. Because the amendment got involved with large-scale changes such as trial level and litigation procedure, and needed relevant preparations, the Judicial Yuan issued another official letter, promulgated on July 1, 2000, regarding the above-mentioned legal amendment, and ratified the establishment of Taipei High Administrative Court, Taichung High Administrative Court and Kaohsiung High Administrative Court on the same day, and the original administrative court was changed to be the Supreme Administrative Court; this court was set up accordingly.
C. The promulgation of the amended Law of Executive Accusation is highly helpful in protecting the rights of people and ensuring the legal exercise of administrative power. However, the code of civil procedure,on which the administrative litigation act was based, has been amended several times due to significant changes in the national legal system, the social environment and the economy, and the evelopment of domestic and international administrative litigation theories and related systems during the period. The Judicial Yuan amended several provisions regarding “taxation of costs”，“court case transfer due to lack of jurisdiction over the subject matter”， “litigation agent” and “appeal for retrial” in 2007; in 2009, in hopes that administrative litigation may progress over time to more completely protect people’s rights, the Judicial Yuan made partial amendments aiming at “the period for filing of actions to order administrative acts”, “relevant provisions of court costs and litigation in forma pauperis”, “Jurisdiction amendment”, “Service of Documents”, and “the suitable price or claim's value of claims for summary proceedings”, and reviewed the provisions which needed to be revised in accordance with the code of civil procedure that had been amended several time over the past years.
D. To resolve the problem of inconvenient litigation, and reform public law cases to administrative litigation trial in succession, the Judicial Yuan promulgated the new system of administrative litigation on November 23, 2011; the new administrative litigation has been changed to “Two Instances and Three Levels” from “Two Instances at Two Levels”, and administrative tribunal of district court have been established for district courts to try the first instance of simple proceeding cases, evidence preservation cases, securitization proceeding cases, compulsory execution cases, and adjudication cases regarding violating the Act Governing the Punishment for Violation of Road Traffic Regulations; High Administrative Courts handle the first Instance of regular proceeding cases of administrative litigation, simple proceeding cases, and appeals against the judgments or rulings of the first instance of simple proceeding cases and traffic judgment proceeding cases; the amendment took effect on September 6, 2012.
- Release Date:2021-04-29