司法院大法官釋字第793號解釋未竟之功──受理範圍與解釋效力之檢視

Unfinished Work of Judicial Yuan Interpretation No. 793: A Review on the Jurisdiction and Effects of Constitutional Court

釋字第793號解釋對於臺北高等行政法院所聲請黨產條例是否合憲的爭議中，認定部分黨產條例合憲，但卻認其他更具爭議的部分非承審法院審理該黨產條例事件所應適用之法律，而駁回此部分之聲請。本文即從憲法訴訟法的觀點出發，檢視此一不受理部分。衡酌憲法訴訟法之學理與個案事實，大法官對此之不受理似有過度侵入專業法院認事用法權限之疑慮。

When reviewing whether the Act Governing the Settlement of Ill-Gotten Properties by Political Parties and Their Affiliate Organization (the“Act”) is constitutional in a case petitioned by the Taipei High Administrative Court, the Constitutional Court, in Judicial Yuan Interpretation No. 793, decided that part of the Act is consitutional and dismissed other more contatious parts of Act on the basis that those parts are not the applicable statutory laws of the pending case of the Taipei High Administrative Court. This article reviews the part of Constitutional Court decision to dismiss the case from the perspective of Constitutional Court Procedure law. Based on the facts of the case and the Constitutional Court procedure laws, it seems that the Constitutional Court has violated the authority of professional courts to investigate the facts and interprete the laws when deciding to dismiss the case.