2023年民事法發展回顧：以民事大法庭關於民事實體法之裁定為中心

Developments in the Civil Law in 2023: Focusing on the Rulings of the Civil Grand Court Relating Substantive Civil Law

整體回顧與觀察施行已經5年的民事大法庭裁定共計24則，最高法院平均每年作成將近5則之大法庭裁定。如果加上徵詢階段統一見解之裁定7則，則平均每年最高法院必須做成超過6則的大法庭裁定，相較起制度起源的德國，我國最高法院使用民事大法庭的頻率與負擔，高達將近12倍之多。其中，經統計後，民事大法庭裁定占比例6成以上為民事實體法之法律爭議問題。
5年來，最高法院民事大法庭裁定之論證說理，逐漸成熟完備，特別是與自己判決對話、與不同見解對話以及法律解釋方法的運用作為科學論證方法，均有顯著的開展，值得讚佩。唯一較美中不足者，係應該在裁定中多增加並引用學說見解對該問題討論之整體面貌，並且與學說通說或少數說對話，甚至作為繼受法國家，司法繼受特色上必要時也應該有比較法上的學說與實務見解參考，俾能以裁判理由之翔實論證為基礎，贏得人民對司法更穩固的信賴！

Total 24 civil grand court rulings have been reviewed and observed in the past five years since its implementation. The Supreme Court makes an average of nearly 5 grand court rulings every year. If we add the 7 rulings with unified opinions during the consultation stage, the Supreme Court must make more than 6 grand court rulings every year on average. Compared with Germany where the system originated, the frequency and burden of using the civil grand tribunal by our country’s Supreme Court is as high as nearly 10%, which is 12 times as much as in Germany. Among them, according to statistics, the Civil Court ruled that more than 60% were disputed legal issues of civil substantive law.
Over the past five years, the reasoning behind the rulings of Civil Law of the Supreme Court has gradually matured and become more complete. In particular, dialogue with prior judgments, dialogue with different opinions, and the application of legal methods as scientific argumentation methods have made significant progress. The only thing that remains insufficient is that more doctrinal insights should be added to the ruling to discuss according to the issue of theory asa whole, and there should be dialogue with the theory or the minority doctrinal theory. As a country of judicial succession characteristics should be adopted when necessary. There are theoretical and practical insights in comparative law as a reference, so that we can win more trust in the judiciary based on detailed arguments for the reasons for the judgment!