2016年民事程序法之實務發展：訴訟權保障之具體實踐

Developments in the Law in 2016: Protecting the Procedural Rights to Civil Proceedings

訴訟權為憲法所保障之基本權利，民事訴訟法作為被適用之憲法，如何在個案中體現憲法價值，就民訴法進行合憲性解釋適用，民事法院責無旁貸。最高法院在2016年之裁判中，有多則裁判與訴訟權保障之具體實踐相關，本文分別從平等接近利用法院、聽審請求權保障與突襲性裁判之防免，以及紛爭統一解決與當事人追加等三個面向，進行整理及評析。關於平等接近利用法院，涉及訴訟救助之要件、離婚判決之再審當事人以及審判權合意之效力；關於聽審請求權保障，涉及法院之闡明義務、法庭公開與當事人公開之關係、保全程序之當事人意見陳述權、支付命令之效力以及爭點效之認採。關於紛爭統一而有效之解決，最高法院多認為於無害於他造當事人程序權保障之前提下，應容許在第二審為被告之追加，但於RCA團體訴訟之追加選定人，則不許可在第二審為之。

The right to a fair trial is guaranteed by the Constitution. Civil Procedure Code is also known as applied Constitution. Therefore, civil courts have responsibility to interpret the Civil Procedure Code by considering constitutional values and to adopt a constitution-based method. This article analyzed significant decisions of the Taiwan's Supreme Court in 2016 regarding the right to a fair trial, which included three parts: the right of access to court, the right to be heard and prevention of surprise verdict, as well as the efficiency of justice, in particular the addition of defendants in the second instance and the amendment of claims in the group action. As to the right of access to court, decisions of the Taiwan's Supreme Court were made on the condition of litigation aid, the standing to rehearing proceeding for a divorce verdict and the agreement of jurisdiction. The Supreme Court permitted a rehearing proceeding, in which the divorced wife filed a suit against the legitimate successor of the deceased ex-husband to rehear her divorce case. Regarding the right to be heard, decisions were made on the duty of the courts to elucidate the subject-matter of the dispute, facts or laws, the right to be heard in public open trial and disclosure to parties, the right to state the opinion in provisional remedies proceedings, the effect of a payment order and issues preclusion. Regarding to the effective resolution of disputes in one procedure, the Supreme Court allowed the motion to add defendants in appeal proceeding under the condition of protecting the new defendant's litigation right, however, dismissed the plaintiff's motion to add claims for more victims in the appeal proceeding of RCA case, which is the first environmental litigation by way of group action.