When administrative agencies implement public policies and laws, they may make decisions or dispositions that affect the rights and interests of the people. When these administrative actions result in injustice to individuals, the administrative litigation process becomes an important legal avenue for protecting personal rights. Administrative litigation not only provides individuals with a means to challenge government decisions but also supervises the legality and legitimacy of administrative actions, safeguarding the basic rights of the public. The goal of this article is to provide a detailed analysis of the basic procedures of administrative litigation and its key points, guiding readers to clearly understand each stage from filing an appeal to the final judgment. This includes important legal concepts such as the pre-appeal principle, mandatory lawyer representation, and simplified and regular litigation procedures, helping you effectively protect your rights in the face of administrative disputes.

Basic Concepts and Process of Administrative Litigation

Administrative litigation refers to the process through which individuals seek legal redress through judicial procedures when they disagree with the administrative actions or decisions of government agencies. The main purpose of administrative litigation is to ensure that the actions of government agencies comply with legal provisions, prevent the abuse of public power, and prioritize the protection of individuals' basic rights. When an administrative agency makes an illegal or improper administrative disposition, individuals can file an administrative lawsuit to request the court to review whether the administrative action is lawful. The basic process of administrative litigation is as follows:

1. Filing an Appeal：

According to Article 14 of the Appeal Law, parties must file an appeal with the competent authority within 30 days of receiving an administrative disposition. In general, the administrative agency is required to make a decision on the appeal within three months of receiving the appeal. If the party is still dissatisfied with the content of the appeal decision, they can further initiate administrative litigation.

2. Initiating Administrative Litigation：

Within two months of receiving the appeal decision or if the administrative agency fails to make a decision within three months of receiving the appeal, the party may file a lawsuit with the administrative court, either on their own or through a lawyer, requesting the court to review the administrative disposition. The lawsuit should include the identity of the party, the legal claims, the subject of the litigation, and relevant evidence.

3. Court Hearing and Judgment：

The administrative court will review the case based on the evidence provided by both parties and relevant laws, determining whether the administrative agency acted unlawfully or improperly in the process or result of the administrative disposition. If the court finds the administrative disposition unlawful, it will issue a judgment in accordance with the law.

4. Appeal：

If the party disagrees with the first-instance judgment, they may file an appeal to a higher court for further legal review.

The establishment of the administrative litigation process grants individuals the right to express dissatisfaction with administrative dispositions made by government agencies. This system not only helps achieve fairness and justice in the law but also ensures that administrative agencies, when exercising public power on behalf of the state, do not infringe upon the rights and interests of the people.

Pre-Appeal Principle: The First Step in Challenging Administrative Dispositions

In most cases, the initiation of administrative relief requires going through the appeal process first (refer to: Administrative Litigation Law Articles 4 and 5). This means that when individuals disagree with an administrative agency’s decision, they must file an appeal within the statutory period. Only if they are still dissatisfied with the appeal outcome can they choose to proceed to litigation. This is known as the "pre-appeal principle," and its purpose is to resolve disputes quickly through the internal procedures of the administrative agency before the court intervenes. It encourages the agency to correct itself, avoids wasting judicial resources, and reduces the burden on both the public and the courts.

However, there are exceptions provided by law where individuals can bypass the appeal process and directly file an administrative lawsuit. The subjects of relief include: administrative dispositions made after a hearing process (refer to: Administrative Procedure Law Articles 108 and 109), declaratory actions or general performance actions (refer to: Administrative Litigation Law Articles 6 and 8), and traffic adjudication cases (refer to: Administrative Litigation Law Article 237-3).

Simplified Litigation Procedure and Regular Litigation Procedure

If a party is still dissatisfied with the appeal decision made by an administrative agency, they can file an administrative lawsuit with the administrative court, either on their own or through a lawyer, to assert their rights through formal judicial means. The administrative litigation process can be divided into the following two types:

Simplified Litigation Procedure

The simplified litigation procedure is designed for cases that are relatively simple or involve smaller disputes. Its purpose is to improve the efficiency of case handling, promote the resolution of disputes in a shorter period, promptly protect public rights, and reduce the judicial burden. According to Article 229, Section 2 of the Administrative Litigation Law, common types of disputes that fall under this procedure include:

1. Tax disputes where the assessed tax amount is below NT$500,000.

2. Disputes arising from penalties imposed by administrative agencies that are less than NT$500,000.

3. Disputes arising from minor administrative actions such as warnings, notices, reprimands, points, courses, counseling, education, or other similar minor dispositions.

4. Disputes related to administrative detention cases by the Ministry of the Interior's Immigration Department or claims for compensation or other financial claims.

These cases are subject to the simplified litigation procedure as specified by law. In principle, the simplified procedure follows a two-tier system and uses a more economical legal process to swiftly resolve disputes.

Regular Litigation Procedure

The regular litigation procedure applies to more complex cases, typically involving larger financial disputes or cases where the facts and legal issues are more intricate, requiring the court to conduct a comprehensive review. Parties involved should be prepared for a long-term legal battle. In the absence of specific legal provisions, the regular litigation procedure generally applies, with the High Administrative Court serving as the court of first instance (refer to: Administrative Litigation Law Article 104-1). However, there are exceptions where local administrative courts serve as the court of first instance for certain disputes, which include:

1. Tax disputes where the assessed tax amount is below NT$1.5 million.

2. Disputes arising from penalties imposed by administrative agencies that are below NT$1.5 million, or other related punitive or regulatory adverse dispositions.

3. Other lawsuits related to public law property relations where the subject amount or value is below NT$1.5 million.

Cases subject to the regular litigation procedure tend to be more complicated, requiring additional time for preparation. These cases typically involve multiple rounds of evidence investigation and substantial written exchanges. The litigation process is time-consuming, and the costs are generally higher, so it is usually recommended for parties to appoint a lawyer to assist in handling the case.

Compulsory Lawyer Representation in Litigation

In certain specific administrative litigation cases, the law requires parties to appoint a lawyer as their legal representative. These cases are classified as "compulsory lawyer representation." According to Article 49-1 of the Administrative Litigation Law, the following types of cases must be represented by a lawyer:

1. Environmental Protection Cases: Lawsuits involving significant public interest in environmental protection.

2. Land Disputes: Cases involving land ownership, usage rights, or other land-related disputes.

3. Urban Planning Review Procedures: Cases involving major administrative decisions such as urban planning and urban renewal.

4. Appeals in Regular Litigation Procedures: Cases with a large subject amount or involving complex legal issues.

Cases requiring compulsory lawyer representation involve a wide range of legal regulations, including administrative law, constitutional law, and other related laws. Having a lawyer as a professional litigation representative ensures that both parties' rights are fairly treated during the litigation process. It helps avoid misunderstandings due to unfamiliarity with legal procedures or a party's lack of legal knowledge, preventing detrimental claims or incorrect decisions.

Challenging Unfair Administrative Dispositions and Defending Your Rights

Understanding the administrative litigation process and its related legal provisions is crucial for ensuring the protection of individuals' legal rights. The unilateral administrative actions and decisions of government agencies can have a profound impact on citizens' lives, property, and freedoms. Administrative litigation provides a legal avenue for citizens to challenge unreasonable or unlawful administrative dispositions and safeguard their basic rights. Therefore, being familiar with the administrative litigation process not only enables individuals to exercise their rights more effectively when facing administrative disputes but also ensures the fair enforcement of the law. When dealing with administrative disputes, seeking professional legal assistance in a timely manner helps you utilize the appropriate legal means. From the appeal process to the choice of administrative litigation, each step provides strong protection for your rights.

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