將來法律關係之確認對象適格及確認利益——以日本法為核心

On the Capability to Be a Claim for a Declaration and the Legal Interests in Obtaining a Declaratory Judgment Concerning Future Legal Relationships: Focusing upon Japanese Law

隨社會日趨複雜化與多元化，人民法律地位蒙受不明確風險之機率與隨伴而生之損害，可謂與日俱增。出於賦予人民有效手段以預先排除並妥為應對此等風險之考量，確認訴訟之預防性救濟機能漸受矚目，從而將來法律關係可否在何等條件下作為確認訴訟對象之問題，亦隨之浮出檯面。本文認為，我國傳統多數見解一概否定此等法律關係得作為確認訴訟之標的云云，不盡符合民事訴訟法2000年修正第247條等規定之意旨，亦無法充分回應「預防勝於治療」之現代民事司法救濟理念，應有檢討必要。在針對具有類同法制與問題意識之日本法進行深入研析後，本文認為只要個案中具備確認利益者，將來法律關係即可能被作為確認訴訟之對象；而為了判斷此時是否存在確認利益，本文透過案例分析與歸納之方法，得出足以肯定個案中確認利益之相關考量要素與評價根據事實，期能作為我國未來開展此議題之基礎與素材。

With the increasing complexity and diversity of modern society, individuals are exposed to growing risks of uncertainty regarding their legal status, which may result in potential damages. In light of the need to provide individuals with effective means to proactively eliminate or appropriately respond to such risks, the preventive relief function of the action for a declaratory judgment has received increasing attention. Consequently, the issue of whether and under what conditions a future legal relationship may qualify as the object of a declaratory judgment has emerged as a significant point of discussion. This article argues that the traditional prevailing view in Taiwan, which categorically denies the capability to be a claim for a declaration in relation to such legal relationships, does not fully align with the underlying intent of the amendment to Article 247 of the Taiwanese Code of Civil Procedure in 2000, nor does it adequately reflect the modern civil justice ideal that prevention is better than cure. A reassessment is therefore needed. Through an in-depth examination of Japanese law, which shares similar legal structures and concerns, this article contends that, so long as the plaintiff in a given case possesses a legal interest in obtaining a declaratory judgment, a future legal relationship may likewise be considered capable of being the object of a declaratory judgment. Furthermore, in determining whether such legal interest exists or not, this article adopts a case-based inductive approach to identify relevant factual considerations and evaluative criteria that justify the recognition of legal interest in obtaining a declaratory judgment in concrete cases. The findings are intended to serve as a foundational reference for further doctrinal development on this issue in Taiwan.