論日本與我國交通處罰自動繳費制度之法律爭議

A Comment on the Legal Issues for Japan and Taiwan's Voluntary Payment System of Traffic Penalty

交通處罰之自動繳費制度，在日本稱作交通反則通告制度，在我國則稱自動繳納罰鍰制度。由於我國道路交通管理處罰條例在立法過程中，曾述及自動繳納罰鍰制度係參酌日本交通反則通告制度，致有論者比照該反則通告制度，逕謂舉發通知單之性質為觀念通知，而非行政處分；自動繳納之罰鍰與反則金同屬秩序罰；加上早期道路交通管理處罰條例之司法救濟制度，由普通法院依刑事訴訟程序進行，亦非如一般行政爭訟事件循行政救濟程序，致刑事訴訟程序的部分同日本制度，更加正當化前述推論之正確性，如此之邏輯論證是否妥適？對我國制度之發展是否有所侷限？基於上述觀察，本文先從交通反則通告制度之背景及主要內容詳細論述，再深入研析兩國制度之差異，如雙主管機關與單主管機關之差別、自動繳納一階段與二階段之不等，進而推導出各該制度間本質上之不同。惟引進反則通告制度之精神，仍有其正面意義，具有參考價值。故本文從立法論角度思考，就我國自動繳納罰鍰制度提出相關建議。 The voluntary payment system of traffic penalty refers to the Traffic Violation Notification System in Japan and it refers to the Voluntary Payment Fines System in Taiwan. As it was indicated during the legislative process of the Road Traffic Management and Penalty Act in Taiwan that the Voluntary Payment Fines System took the Traffic Violation Notification System as reference, some commentators thereby regard the legal nature of road traffic violation citations as the conceptual notification instead of administrative disposition under the framework of Traffic Violation Notification System. Apart from the fact that the fines of the Voluntary Payment Fines System and the Traffic Violation Notification System are both administrative sanctions, the judicial relief of Road Traffic Management and Penalty Act in the early times was delivered through criminal procedures in ordinary courts other than through procedures for administrative remedies in administrative litigations. The adoption of criminal procedure is equivalent to the system in Japan, which further validates the above-mentioned reasoning. Whether or not this argument was made on the grounds of impeccable reasoning with logic? Whether or not Taiwan's development of the system may be constrained as a result? Based on the above observation, this paper firstly discussed the background and main ideas of Japan's Traffic Violation Notification System in detail, followed by an in-depth analysis of the differences between the systems of Japan and Taiwan, such as the divergences in dual competent authorities/singular authority and one-phase/two-phase voluntary payment, by which the difference in the nature of each system were deductively illustrated. All in all, the adoption of the spirit of Japan's Traffic Violation Notification System still bears positive meanings and is therefore valuable for reference. Suggestions are made for Taiwan's Voluntary Payment Fines System from a legislative perspective.