英文摘要 |
The general action for a declaratory judgment (allgemeine Feststellungsklage) mentioned in administrative court procedure refers to a lawsuit confirming the existence or non-existence of legal relations under public law (see Paragraph 1, Article 6 of Administrative Litigation Act). In Taiwan, the application of general action for a declaratory judgment is less concerned by courts and scholars. However, if the relevant documents of German law are collated, it can be found that the cases that can be handled by general action for a declaratory judgment are actually quite numerous, far exceeding the stereotypes of ordinary people. Therefore, in this study, “the cases in which general action for a declaratory judgment in administrative court procedure is applied” was selected as the research theme, and the German legal system was used as a reference to further comprehensively organize and introduce the application of general action for a declaratory judgment in practice. In order to construct a systematic collation, this thesis chooses to focus on legal relations under public law and classifies the cases in which general action for a declaratory judgment can be applied into three case groups for discussion. First, “legal relations under public law from time aspect” is to explain whether the present, future and past legal relations can be the subject of general action for a declaratory judgment, and the application of such litigation. Next, this thesis pays attention to the connection between legal relations under public law and forms of administrative performance, focusing on “legal relations under public law and forms of performance”. In this way, it is analyzed whether the people can bring general action for a declaratory judgment and conduct judicial remedy for rights when administrative disposition and norms are involved in the case. Finally, this thesis puts forward the “special forms of legal relations under public law” as another chapter, and analyzes whether the two types of less common legal relations between internal legal relations and legal relations regarding the third party can be the subject of general action for a declaratory judgment, and mentions the application of these two types of litigation in practice. After conducting research in the above-mentioned chapters, this thesis finds that there are quite a few cases where general action for a declaratory judgment can be applied. This thesis infers that this phenomenon occurs because the concept of legal relations under public law exists widely in all public-law disputes. Therefore, as long as other forms of litigation cannot provide the judicial remedy for rights guaranteed by the people to the right to institute litigation in the Constitution, or bringing general action for a declaratory judgment helps to pursue the principle of procedural economy, so that the application of the subsidiarity of the action for a declaratory judgment is restricted, the general action for a declaratory judgment can play the role for filling the gap which other forms of action could not deal with in this situation. At this point, unless the people exceptionally do not have interest in demanding a declaratory judgement, the general action for a declaratory judgment can be brought to the court. |