| 英文摘要 |
The identification of the litigated object in the administrative litigation is associated with the balance among the protection of the litigation right, the stability of the law, and the legality of administrative acts. Although the identification is influenced by theories of the litigated object in the civil procedure, the system and principles of the administrative litigation are different from those of the civil procedure. Therefore, the identification of the litigated object in the administrative litigation does not entirely imply the identification of the litigated object as it does in the civil procedure. Specifically, it indicates that the former identification in the administrative litigation should have its independent methods. Among them, the litigated object of avoidance proceedings in the administrative litigation should be in accordance with Article 4 of the Administrative Litigation Act and should take the defensive aspect of constitutional right into consideration in avoidance proceedings, which must be guided by the protection of the litigation right. This article argues that the litigated object should be defined as “the plaintiff requests the administrative court to revoke the administrative ruling as it violates the law and damages the rights or legal interests of the individual (in fact)”. Therefore, the litigated object can comprise of the claim and the actual occurrence. The litigated object of avoidance proceedings in the administrative litigation then will influence the objective scope of the binding effect of judgments for avoidance proceedings, and will be different from the procedural object. Accordingly, this article contends that it is only with the understanding of the system of the administrative law, the clarification of the system and principles of the administrative litigation, the compliance with the Administrative Litigation Act, and the guidance of the protection of the litigation right, the litigated object of avoidance proceedings in the administrative litigation can be determined in order to balance the protection of the litigation right, the stability of the law, and the legality of administrative acts. |
