德國社會法院之發展史

The Historical Development of Social Jurisdiction in Germany

司法權的建構選項為單一審判權或多數審判權，與各國法律制度發展相關。此項討論也是我國過去司法改革討論的重點。本文試圖從比較法與歷史發展的觀察角度，探討與我國情況類似的德國，其分化的司法權發展歷史為何，主要探討對象為社會法院。從這個專業與獨立的公法法院之歷史發展脈絡當中，探討分立的審判權的框架條件為何，藉以明瞭其成功設立之原因。然而，一個國家的司法權是否獨立於其他國家權力，並非僅以單一或多數分化的審判權作為判準。從本文觀察德國社會法院的形成史脈絡，可看出獨立專業法院的建構，與該國司法權與行政權的分立的討論與發展有著緊密的關聯性。

The division or the unification of judicial power depends on the development of legal systems of discussed countries. This is an important discussion in the judicial reform in Taiwan. This text is based on the perspectives of comparative law and the history of the multiple jurisdictions in Germany, a country where the development of judicial power is similar to that of Taiwan, especially in terms of “division of judicial power.” The author intends to focus the discussion mainly on the Social Court. From the study of the historical development of this professional and independent jurisdiction in public-law, the author will discuss the framework and the structure of the divided jurisdictions and to understand the reform and how it was successfully established. However, whether the judicial power is independent from other powers of the state, is not determined merely by whether the jurisdiction was established as a unilateral one or a divided one. From the observation of the author, the history of the formation of Germany Social Court shows a close relationship between the establishment of the independent and professional court and the discussion and development of the division of judicial power and executive power of that nation.