| Summary: | 碩士 === 東吳大學 === 法律學系 === 98 === Law is the art of good and equity（jus est ars boni et aequi）,the science of experience and logic. This paper is a study on administrative litigation systems of the Mainland and Taiwan Region－focusing on types of litigation. In addition, it remarks on the pre-process and other related topics. In order to explore the differences of administrative litigation types between the Mainland and Taiwan Region, I have compared and analyzed the cross-strait statutes, regulations and judicial practice. Since that stones from other hills may be barking up the wrong, this study assumes that only through learning each other can the proper resolutions of problems be easily found from other examples.
This paper consists of nine chapters. The first chapter: It begins with introducing the motivation, purpose, scope and methods of this study. Chapter II: I discuss the meanings, functions, standard mode and sorting criteria of administrative litigation types. Chapter III: It talks about the evolution of administrative litigation system in Taiwan, stemming from the legal system which the Republic of China Government founded in the continental period（1912-1949）. Chapter IV: I describe the administrative litigation types in Taiwan which are provided by the new Administrative Proceedings Law coming into force on July 1, 2000. It refers to administrative proceedings for revocation, for declaration, for demanding performance of liabilities and for average effecting payments, and other statutory types of litigation, even non-statutory litigation types as well. I also try to explain the relationship between various litigation types and the attitude to be taken by the court for parties choosing wrong litigation types. Chapter V: It narrates that the Chinese Communist Party abolished all laws promulgated by the Republic of China Government, when announcing the establishment of "The People's Republic of China" on October 1, 1949. Since then, the development of administrative proceedings in Mainland China had stopped. The administrative litigation system wasn’t taken seriously until the first Code of Administrative Proceedings had come into effect on October 1, 1990. Chapter VI: I introduce the concept and history of administrative review in the Mainland, and then describe the relationship between the administrative review and administrative litigation. Finally, I present the characteristics of the administrative review in the Mainland which are quite different from the administrative petition in Taiwan. Chapter VII: I realize the provisions for listing items in the Mainland applied to the range of acceptable litigation cases. Except executive compensation litigation, although the law in the Mainland does not explicitly recognize the type of litigation, by way of sentence model provided in articles we can find the types of litigation in judicial practice. There are administrative proceedings for revocation, for changing, for declaration, and for demanding performance of liabilities, and some kinds of effecting payments litigation. Chapter VIII: I try to list 17 characteristics of their own administrative litigation types, and compare the advantages and disadvantages of those types between the Mainland and Taiwan. Further I make recommendations for advanced amending of administrative litigation system in Taiwan, and describe the trend of reform related to administrative proceedings in the Mainland. Chapter IX: Besides the abstract of this article, I express my expectations and blessings for the cross-strait administrative litigation systems.
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