訴願法修正草案評析

Some Comments on the Revised Draft of Administrative Appeal Act

我國訴願法，自1930年制定，歷經1970年及1998年兩次全面修正，至2022年修正草案，雖已漸趨完備，但因欠缺對戰前法制結構之徹底反省，仍然殘留下述諸多問題，有待繼續檢討改進。一、訴願法立法目的應明定化；二、訴願前置主義應完全廢止；三、訴願類型應充分多元化；四、訴願期間應適度放寬；五、反射利益概念應被廢止以廣泛放寬行政處分概念；六、原則廢止執行力理論與例外特別規定；七、應增訂公費辯護權保障規定；八、訴願決定救濟期間應適度放寬；九、賦予言詞辯論裁量權限應再商榷；十、訴願不受理事由應再檢討。

Although Taiwan’s Administrative Appeal Act, enacted in 1930, after two comprehensive revisions in 1970 and 1998, until the revised draft in 2022, has become more and more complete; however, due to the lack of thorough reflection on the legal structure before World War Ⅱ , many problems remain and the review and improvement is continued.
1. The legislative purpose of Administrative Appeal Act should be clearly defined; 2. The prepositionalism of administrative appeals shall be completely abolished; 3. The types of administrative appeals shall be fully diversified; 4. The period of administrative appeals shall be moderately relaxed; 5. The concepts of reflective benefits should be abolished to broadly relax the concepts of administrative actions; 6. The theory of enforcement force shall be abolished in principle and exceptions are subject to special provisions; 7. The provisions on the protection of the right to defense at public expenses should be added; 8. The period of legal remedy for the decisions of administrative appeals should be moderately relaxed; 9. Granting discretionary authority to oral arguments should be deliberated again; 10. The reasons for an unacceptable administrative appeal shall be reviewed again.