道路交通違規舉發通知單之法律性質、生效與效力──行政處分概念、生效、效力與行政訴訟之關聯課題

On the Legal Nature, Effectiveness, Effect of the Road Traffic Violation Citation: Some Connected Legal Issues between the Administrative Disposition and the Administrative Procedure

道路交通處罰事件質輕量多，違規舉發通知單的法律問題則複雜難解。常見的問題是：舉發通知單是否具行政處分之性質？如何生效？效力為何？其一方面屬於道路交通法制之一環（行政法各論），另方面是行政處分的基礎課題（行政法總論），值得探討。本文先闡述舉發通知單的法律框架與程序構造，再依序探討行政處分之法律性質、生效、效力、正當程序及其與行政訴訟之關聯。為掌握基本觀念與思考要領，並檢討分析實務與法制之運作，本文擇取實務上重要裁判，分成觀念概說、裁判舉隅、分析檢討三個層次，逐次論述。最後，本文認為，舉發通知單作為一種行政秩序罰工具，之所以引發法律爭議，主要導因於到案聽候裁決制度。若能廢除「到案候決」暨「繳納結案」的規定，回歸行政秩序處罰制度的常軌正道，舉發通知單的錯雜問題或可迎刃而解。

Although the character of the road traffic punishment case is known as numerous but simple, the legal issues of road traffic violation citation are very complicated. The common issues are that if the violation citations are dispositions, how the violation citation become effective, what the effect of the violation citation is. On the one hand, these issues are involved in the regulation of read traffic (Specific Administrative Law). On the other hand, they are also the fundamental issue of disposition (General Administrative Law) which is worth to study. This article firstly elaborates the legal scheme and the procedural contracture of violation citation and then sequentially discusses the legal nature, effective, effect, due process of disposition and its relation with the administrative procedures. In order to realize the basic concepts and thinking points, as well as to analyze the operation of regulations and practice, this article selects some important judgments in judicial practice to introduce the concepts, list some examples and analyze the issues. To sum up, this article claims that violation citations as a tool of administrative order punishment have raised some legal issues. It is because the system of requiring the party to receive the punishment in person. If we can abolish the current regulation that requires the party to receive the punishment in person and closes such case after the party make the payment and return to the common track of administrative order law, the complicated problems of violation citation could all be solved.