國家對公務員行使求償權之審判權歸屬

The Discussion about the Subrogation Right of the State Compensation Act on the Employee of the Government: Focusing on the Division of Jurisdiction

現行法制規定，國家於賠償人民後，對可歸責之該公務員有求償權。而我國國家賠償訴訟目前均交由普通法院審判，鑑於行政訴訟與民事訴訟間仍有為數不少之差異，呼籲將相關案件審判權回歸行政法院之聲音，始終存在。
本文以一個司法實務案例為對象，對於現行國家賠償事件中賠償義務機關向公務員行使求償權之問題予以評析，輔以學理與外國比較法學見解，就現行國家賠償求償權為核心，探討其最適之審判權歸屬，使求償權之行使得以進入行政訴訟法制當中。

Now in the practice of the running of justice, after the state compensation for a victim is done, the employee of the government negligent in performance of duty is being requested for compensation according to current legal system. Due to the rule of law and civil litigation between administrative litigation legal system is a gross difference, the voice that it shall return to the administrative court always present. How to achieve this ideal, there are several issues to be explored. Review on the issue about the organ under compensatory obligation requesting the negligent employee of the government for compensation in one current case of the state compensation is supplemented by academic study and comparative law insights, finally, the discussion should be how to integrate them into the legal system of administrative litigation.