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大法官解釋表頭

(釋字第 466 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.466 
Date 1998/9/25
Issue Under the dual system of litigation specifically adopted by the Constitution, should a payment dispute arising under the Public Functionaries Insurance Act be resolved in accordance with the procedures for administrative litigation?
Holding   Article 16 of the Constitution stipulates that the people have a right of instituting legal proceedings. Its aims are to ensure that people may institute proceedings pursuant to legal procedures and to guarantee them a fair trial. The question as to whether proceedings for relief shall follow the procedures for general litigation or administrative litigations is for the legislative authorities to determine, within their duty, by taking into consideration the nature of cases in litigation and the existing litigation system. The adjudication of civil litigation and administrative litigation cases in this State is performed by courts of different description in accordance with the existing laws. The State adopts a dual system of litigation. Unless otherwise stipulated by the laws, disputes arising from relationships governed by private laws shall be determined by ordinary courts; disputes arising from relationships governed by public laws shall be adjudicated by administrative courts.

  The State has enacted the Public Functionaries Insurance Act in order to guarantee protection of the livelihood of government employees. The task for administering the public functionaries’ insurance program is assigned, by the Ministry of Civil Service of the Examination Yuan, to the Central Trust of China (being a department under the Ministry of Finance of the Executive Yuan) which is to make cash payment when an insurance event occurs. Since public functionaries insurance is a type of social insurance and is of a public-law nature, payment disputes arising under the public functionaries’ insurance program shall be resolved in accordance with the procedures for administrative litigations. However, under the existing laws, administrative litigations do not include proceedings for payment except for supplementary proceedings for compensation. Consequently, an affirmative determination of a payment dispute arising under the public functionaries’ insurance program does not necessarily guarantee an indemnity payment to the party involved. The relevant authority should complete the reformation of the whole administrative proceeding system at the earliest opportunity. Before completion of the reformation of the relevant legal system, in the event an order for payment under administrative relief procedures cannot be realized, permission shall be granted for relief proceedings to be instituted in the ordinary courts so as to conform to the objectives of the first abovementioned provision of the Constitution.
Reasoning   The Judicial Yuan is the highest judicial organization of the State, and as expressly stated in Article 77 of the Constitution, it is responsible for the determination of civil, criminal and administrative litigations and for disciplining government employees. Article 16 of the Constitution stipulates that the people have a right of instituting legal proceedings. Its aims are to ensure that people may institute proceedings pursuant to legal procedures and to guarantee them a fair trial. The question as to whether proceedings for relief shall follow the procedures for general litigation or administrative litigations is for the legislative authorities to determine, within their duty, by taking into consideration the nature of cases in litigation and the existing litigation system. The adjudication of civil litigation and administrative litigation cases in this State is performed by courts of different description in accordance with the existing laws. The State adopts a dual system of litigation. Unless otherwise stipulated by the laws, disputes arising from relationships governed by private laws shall be determined by ordinary courts; disputes arising from relationships governed by public laws shall be adjudicated by administrative courts. With regard to payment disputes arising under the public functionaries insurance program, the law does not expressly stipulate the court or procedure for the resolution of such, thus relief procedures shall be determined taking into account the nature of the case at hand and the functions of the existing litigation system.

  In an attempt to guarantee protection of the livelihood of government employees, the State has, pursuant to the Public Functionaries Insurance Act, assigned the task of administering the public functionaries’ insurance, through the Ministry of Civil Service of the Examination Yuan, to the Central Trust of China (being a department under the Ministry of Finance of the Executive Yuan) which is to make cash payments to the insured when any one of four insurance events-- disability, retirement, death or death of dependents--occurs. Since public functionaries’ insurance is a type of social insurance and is of a public-law nature, payment disputes arising under the public functionaries’ insurance program shall be resolved in accordance with the procedures for administrative proceedings. In addition, it has already been explained in this Yuan's Interpretations Nos. 266 and 312 that government employees, upon infringement of their right under the public law to request property, may seek relief by initiating appeals or procedures for administrative litigations. However, under the existing laws, administrative litigations do not include proceedings for payment except supplementary proceedings for compensation. Consequently, an affirmative determination of a payment dispute arising under the public functionaries’ insurance program does not necessarily guarantee an indemnity payment to the party involved. The relevant authority should complete the reformation of the whole administrative proceeding system at the earliest opportunity. Before completion of the reformation of the relevant legal system, in the event an order for payment under administrative relief procedures cannot be realized, permission shall be granted for relief proceedings to be instituted in the ordinary courts so as to conform to the objectives of the first abovementioned provision of the Constitution.

' Translated by Wei-Feng Huang of THY Taiwan International Law Offices.
Opinion
(Files)
Chinese only
 

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