| 英文摘要 |
The amendment of Taiwan Civil Procedure Rule in 2020 has made some changes considering the right of action. The new rules have their unique features and are unlike their counterparts of other nations: nether do the they resemble rules in Germany and Japan, for the civil procedure rules in Germany and Japan do not contain statutes regulating the right of action, nor do the they resemble rules in France, which do have certain statutes considering the right of action but have different content. The amendment has made a clear statement that the right of action are rights which derive from procedural rules, and distinguish them from rights that derive from substantive law. When procedural prerequisites are fail to be met but are possible to be met, the court should order the plaintiff to fulfill those prerequisites. Only if the plaintiff still fail to fulfill the prerequisites after the order can the court dismiss the case via adjudication. That way, people’s right of requesting the court to review his case can be asserted. |
