1.        Establishment of a Thorough First-Instance Proceeding

 

To improve the judges’ competence in handling administrative litigation cases and to center the first-instance trial in administrative litigation as the trial of the facts, the amendment establishes a District Administrative Litigation Division in the administrative high courts to replace the various District Court Administrative Litigation Divisions in the district courts under the current law.

 

The District Administrative Litigation Division will be responsible for handling some of the cases subject to ordinary proceedings (lawsuits concerning tax collection, appeals against administrative fines, or property rights under public law with a claim value of less than NT$1,500,000), cases subject to summary proceedings (lawsuits with a claim value of less than NT$500,000), traffic adjudication cases, detention cases, and other cases prescribed by law. To have the District Courts reasonably share the caseload of the Administrative High Courts, the amendment also provides for remote proceedings and circuit court measures.

 

        2.        Expansion of the System of Mandatory Legal Representation

 

Prior to the amendment, mandatory legal representation applied only to appeals to the Supreme Administrative Court. To expand the system of mandatory legal representation, the amendment provides that in principle, the parties shall appoint a lawyer to represent them in the first instance in environmental protection and land disputes cases subject to ordinary proceedings and under the jurisdiction of the High Administrative Court, in urban planning review procedures, in appeals in ordinary proceedings under the jurisdiction of the High Administrative Court, in cases filed with the Supreme Administrative Court, and in rehearings and retrials subject to ordinary proceedings or rehearings and retrials in urban planning review procedures.

 

        3.        Prevention of Abusive Litigation

 

To prevent abusive litigation, the amendment provides that if there are malicious, improper, or other abusive purposes or gross negligence behind the filing of a lawsuit or appeal, and the problem cannot be rectified or if the problem is rectifiable but has not been rectified after an order for corrective action has been issued, the court shall dismiss the lawsuit or appeal. The court may also impose a fine of up to NT$120,000 for abusive litigation.

 

        4.        Promotion of Alternative Dispute Resolution Mechanisms

 

To improve the alternative dispute resolution mechanisms, the amendment expands the scope of settlement in administrative litigation to matters other than the claim in the suit and adds a mediation system for administrative litigation.

 

Parties involved in administrative lawsuits are advised to note the amendment, in particular, the creation of the District Administrative Litigation Division and the revision of the scope of mandatory legal representation.

 

The amended act changes the claim value of a case subject to summary proceedings from less than NT$400,000 to less than NT$500,000 and requires that some of the cases subject to ordinary proceedings (lawsuits concerning tax collection, appeals against administrative fines, or property rights under public law with a claim value of less than NT$1,500,000) and cases subject to summary proceedings be filed with the District Administrative Litigation Division, which is the first instance. The amended act also expands the scope of mandatory legal representation.

 

After August 15 of this year, parties filing administrative claims would be well-advised to note the laws regarding the level of court accepting a claim and the laws regarding mandatory legal representation.