行政訴訟調解的導入與實踐

The Implementation and Practice of Administrative Litigation Mediation

隨著政治社會環境變遷和公民權利意識提升，行政法院案件數量增加，且審理的事件類型益趨複雜。為提高行政訴訟效率、回應當事人自主解決紛爭的需求，行政訴訟法於2023年8月15日增訂調解章節，引入調解作為訴訟外紛爭解決機制。雖然傳統法學對此存疑慮，公務員亦擔心可能衍生法律責任。然而，調解作為改變訴訟文化和推動行政法院功能變遷的起點，不僅能減輕法官負擔，也為當事人提供更合適的解決方案，促進形成新的紛爭解決文化。

As the political and social environment evolves and public awareness of civil rights increases, the number of cases handled by administrative courts has grown, and the types of cases reviewed have become increasingly complex. To enhance the efficiency of administrative litigation and meet the demand for parties to autonomously resolve disputes, the Administrative Litigation Law was amended on August 15, 2023, to include a mediation chapter, introducing mediation as an alternative dispute resolution mechanism outside of court proceedings. Despite traditional legal skepticism and concerns among public officials about potential legal liabilities, mediation serves as a catalyst for changing the culture of litigation and driving the functional evolution of administrative courts. Not only does it alleviate the burden on judges, but it also provides more suitable solutions for the parties involved, fostering the development of a new dispute resolution culture.