違法安定與人權正義──論行政程序重新進行與確定判決既判力之衝突

The Conflict between Reopening of Administrative Proceedings and Binding Effect of Adjudication: Illegal Stability vs. Justice of Protecting Human Rights

The main purpose of Article 128 of the Administrative Procedure Act (hereinafter: APA) is to balance between the interest of legal stability and the value of human rights and justice. However, from the literal meaning of Article 128 of APA, the object of the reopening of administrative proceedings seems not to contain the administrative action held by the definite adjudication from administrative court, even though the administrative action has been proved to be illegal afterwards. It obviously leads to an unreasonable result. In the authors’ opinions, no matter what stage of an administrative remedy from which the binding effect of a case results, the reopening of administrative proceedings under Article 128 of APA should be applied to the circumstance where the administrative action is suspected of being in defective condition, so as to re-examine the legality of the administrative action at issue.