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PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 1 Initiation of A Litigation
Article 104-1
The High Administrative Court shall be the court of first instance for cases for ordinary proceedings. However, the District Administrative Court shall be the court of first instance for the following types of cases:
1. tax cases when the assessed amount of tax is 1,500,000 New Taiwan Dollars or smaller.
2. cases that arise from an administrative penalty of 1,500,000 New Taiwan Dollars or a smaller amount, or other accompanying punitive or administrative regulatory acts.
3. other cases related to property relations in public law, and the value of the subject matter is 1,500,000 New Taiwan Dollars or less.
4. other cases that should be adjudicated by the District Administrative Court per statutory law or as designated by the Judicial Yuan.
The amount of 1,500,000 New Taiwan Dollars in the preceding Paragraph may be raised by the Judicial Yuan, if needed, to 10,000,000 New Taiwan Dollars through an Order.
Article 105
To initiate a litigation, a complaint shall be submitted to the administrative court and indicate the following matters:
1. The parties;
2. Statement for initiating litigation; and
3. The claim and the occurrence giving rise to such claim.
It is advisable to indicate in the complaint, matters related to the applicable procedures, evidence and other matters in preparation of oral argument; where there was an administrative appeal, the appeal decision shall be appended.
Article 106
Unless otherwise provided in this Act, the litigation provided in Article 4 and Article 5 shall be filed within a peremptory period of two months after the day which the administrative appeal decision is served. However, where the fact becomes known thereafter to the person who has interests in the litigation other than the administrative appellant, the period shall calculate since the date which he/she knows.
It is not allowed to file a litigation as provided in Article 4 and Article 5 if it has been over three years after the date which the administrative appeal decision is served.
If no administrative appeal procedure is required before filing a litigation as provided in Article 4 or Paragraph 2 of Article 5, the litigation shall be filed within a peremptory period of two months after the day which the administrative disposition is served or published.
If no administrative appeal procedure is required before filing a litigation as provided in Paragraph 1 of Article 5, the litigation can only be filed after the expiration of the period to conduct the prescribed action; no litigation can be filed if such period has expired for three years.
Article 107
In any of the following circumstances, the administrative court shall dismiss the plaintiff's complaint by a ruling. However, if the defect is rectifiable, the presiding judge shall order the plaintiff to rectify the defect within a time period before dismissing the complaint:
1. The case, by its nature, shall not be adjudicated by an administrative court, and no transfer of the case may be made.
2. The administrative court in which the litigation is pending does not have jurisdiction over the litigation; neither can a court be designated to adjudicate the case, nor can a transfer of the case by ruling be made;
3. The plaintiff or defendant lacks the capacity to be a party to the litigation;
4. When acting in litigation, the plaintiff or defendant is not legally represented by his or her agent designated a statute, representative, or administrator.
5. The litigation was initiated by the agent of the party to the litigation, and the agent lacks the authority to do so.
6. The litigation was not initiated within the period required by the statutes;
7. The litigation was initiated while the same litigation was initiated earlier and is still pending at an administrative court or other courts.
8. The litigation was initiated again while the same claim was adjudicated, decided by a final judgment, and then withdrawn by the claimant.
9. The subject matter of the claim was adjudicated by a final judgment, settlement, or mediation.
10. The litigation was not initiated through the formality required by statutes, or it fails to satisfy other statutory requirements.
11. The litigation was initiated maliciously, improperly, or to abuse the procedure, or with serious negligence, and the factual or legal claims lack a reasonable basis.
The preceding Paragraph shall apply mutatis mutandis to a litigation to revoke administrative acts or a litigation demanding the performance of certain obligations in which the defendant agency is misnamed in the plaintiff's complaint.
If the plaintiff's claim satisfies one of the following conditions, the administrative court may dismiss the claim through a judgment without oral argument. However, if the defect may be rectified, the presiding judge shall designate a period for the plaintiff to rectify it before dismissing the plaintiff's claim:
1. Except the circumstances set out in Paragraph 2, the party to litigation cannot sue or be sued, or there are no public-law rights to be protected.
2. The facts alleged by the plaintiff are manifestly groundless in law.
In the circumstances provided for in the preceding three paragraphs, the defects may not be rectified after the court dismissed the plaintiff's claim for failure to rectify within the deadline.
The judgments and rulings as provided for in Paragraphs 1-3 may set out only the important parts. They may include motions filed by the plaintiff, the minutes of court proceedings, or other documents as an appendix.
When an administrative court dismisses the plaintiff's claim under Subparagraph 11 of Paragraph 1, the court may impose on the plaintiff, his or her representative, administrator, or agent a penalty equal to or less than 120,000 New Taiwan Dollars.
The penalty referred to in the preceding Paragraph shall be set out together with the ruling dismissing the plaintiff's claim. The ruling shall note that the persons punished may offer adequate security and stay the enforcement of the penalty.
If the plaintiff appeals against the ruling dismissing the plaintiff's claim, the penalty set out in the same court ruling is also considered appealed.
Paragraphs 1 and Paragraph 4 to Paragraph 8 apply mutatis mutandis to the matters regarding applications or motions.
Article 108
Except where the plaintiff's case is dismissed or transferred by the administrative court in accordance with the preceding Article, the court shall serve the complaint on the defendant and may order the defendant to provide opinion in its answer.
The original administrative agency which rendered the administrative disposition, the defendant agency or the agency with jurisdiction of administrative appeal shall, upon receiving notification by the administrative court, submit the case files to the administrative court.
Article 109
Whenever the presiding judge deems that it is suitable to conduct oral argument, he/she shall promptly designate a date for the oral-argument session.
Except in urgent cases, there shall be a preparation period scheduled for at least ten days between the day the complaint is served and the day scheduled for the oral-argument session as provided in the preceding Paragraph.
Article 110
No litigation will be affected by the fact that the legal relation as the subject matter of the claim has been transferred to a third party when such litigation is pending. However, subject to the consent of both parties, the third party may move for assuming the litigation for a party.
In the case provided in preceding Paragraph, if only the opposing party disagrees, either the transferor party or the third party may move the administrative court for a ruling to permit the third party to assume the litigation.
An appeal may be taken from the ruling provided in the preceding Paragraph.
In cases where the administrative court is aware of the transfer of the subject matter of the claim, the court shall immediately notify the third party the fact that the litigation is pending in writing.
In cases where the legal relation as the subject matter of the claim has been transferred to a third party after the administrative appeal decision has been made, the transferee may file a litigation of revocation.
Article 111
After the service of the complaint, the plaintiff may not amend his/her claim or raise additional claims, unless otherwise agreed by the defendant or determined appropriate by the administrative court.
Where the defendant proceeds orally on the merits of the principal case without objecting to the amendment or addition of claims, he/she shall be deemed to have agreed to such amendment or addition.
The amendment or addition of claims in case of any of the following circumstances shall be permitted:
1. Where the claim shall be adjudicated jointly with regard to several persons and one or several such persons who are not parties are joined as parties;
2. Where the claim is amended but the grounds of the pleadings remain the same;
3. Where the change of circumstances makes it necessary to replace the original claim with another claim;
4. Where a litigation of revocation was erroneously initiated while a litigation for a declaratory judgment shall be initiated;
5. Where the amendment or addition of claims should be permitted pursuant to Article 197 or other laws;
The preceding three Paragraphs shall not apply to the amendment or addition of claims to revoke an administrative disposition without going through administrative appeal procedure.
The administrative court's decision determining that there is no amendment or addition of claims or allowing the amendment or addition of claims is not reviewable. However, in litigation of revocation with ground that such disposition has not gone through administrative appeal procedure, the court's decision may be appealed along with the final judgment.
Article 112
The defendant may, prior to the conclusion of the oral argument session, raise a counterclaim with the administrative court where the principal litigation is pending. However, no counterclaim can be raised for a litigation of revocation and a litigation demanding performance of certain obligations.
The plaintiff cannot raise another counterclaim in response to the defendant's counterclaim.
No counterclaim may be raised if it is subject to the exclusive jurisdiction of another administrative court or if it is neither related to the plaintiff's claim in the principal litigation nor related to the defendant's means of defense.
The administrative court may dismiss a counterclaim without prejudice where it is raised by the defendant for purposes of delaying litigation.
Article 113
The plaintiff may, before the judgment has become binding, voluntarily dismiss the case in whole or in part, but the plaintiff cannot dismiss the case if such dismissal would be detrimental to protecting the public interest.
Where the defendant has proceeded orally on the merits of the principal case, such dismissal shall be subject to the defendant's consent.
A voluntary dismissal shall be made by pleadings. Notwithstanding, it may be made orally in the court session.
A voluntary dismissal made orally shall be indicated in the transcript and in the case where the opposing party was not present, such transcript shall be served on the opposing party.
The defendant is deemed to have agreed to the voluntary dismissal if the defendant does not object to such dismissal within ten days from the day of the court session in the case where the defendant appeared and did not express whether the defendant agreed or disagreed, or from the day of service of the transcript provided in the preceding Paragraph or the dismissal pleading in case where the defendant failed to appear in the court session or where the dismissal is made by pleadings.
Article 114
Where the administrative court deems the voluntary dismissal of case as provided in the preceding Article is detrimental to the protection of the public interest. the court shall order, by a court ruling, to disallow such dismissal.
No appeal may be taken from the ruling provided in the preceding Paragraph.
Article 114-1
If a district administrative court adjudicates a case through an ordinary proceeding because of a change in, or a partial withdrawal of, the plaintiff's claim, it becomes one of the categories that shall be adjudicated through small claims proceeding or traffic adjudication proceeding, the originally commissioned judge of the district administrative court shall adjudicate through small claims proceeding or traffic adjudication proceeding.
If a case is adjudicated by a district administrative court through an ordinary proceeding because of an addition to, a change in, or a counterclaim, the case or a part of it becomes one in the category which a high administrative court shall adjudicate, the matter shall be transferred through a court ruling to the high administrative court with jurisdiction.
If a case is adjudicated by a high administrative court through an ordinary proceeding, because of a change in, or a partial withdrawal of, the plaintiff's claim, the case becomes one in the category which a district administrative court shall adjudicate, the high administrative court shall transfer the case by a ruling to the district administrative court with jurisdiction.
Article 115
Article 245, Article 246, Article 248, Article 252, Article 253, Article 257, Article 261, Article 263 and Article 264 of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Section.
Section 2 Stay of Execution
Article 116
The execution of the original disposition or decision shall not be stayed by initiating an administrative litigation unless otherwise provided in applicable laws.
Where an administrative litigation is pending and the administrative court deems that the execution of the original disposition or decision will cause irrevocable harm and there is a pressing situation, the court may, on motion or on its own initiative, order to stay execution by a ruling. However, if the stay will substantially affect the public interest or the plaintiff's claim is manifestly without legal grounds, no stay shall be allowed.
Prior to the initiation of an administrative litigation, if the execution of the original disposition or decision will cause irrevocable harm and there is a pressing situation, the court may also, on motion raised by the person subject to the administrative disposition or the administrative appellant, order to stay execution by a ruling. However, if the stay will substantially affect the public interest, no stay shall be allowed.
The administrative court shall, prior to rendering rulings provided in the preceding two Paragraphs, request for opinion by the parties. If the original government agency which made the administrative disposition or decision has, on motion or on its own initiative, ordered to stay execution, the court shall order to dismiss the motion by a ruling.
A ruling to stay the execution has the effect to stay the effect of the original disposition or decision, the execution or extension of proceeding of the disposition or decision in whole or in part.
Article 117
The preceding Article shall apply mutatis mutandis to litigations in declaring the invalidity of an administrative disposition.
Article 118
Where the grounds to stay the execution no longer exist or there are changes in circumstances, the administrative court may, on motion or on its own initiative, order to revoke the ruling that grants the stay of execution.
Article 119
An appeal may be taken from the ruling which orders to stay the execution or to revoke the ruling that grants the stay of execution.
Section 3 Oral Argument
Article 120
The plaintiff shall submit to the court a preparatory pleading in preparation of the oral argument.
It is advisable that the defendant submit its answer no later than a half of the preparation period in preparation of the oral argument.
Article 121
The administrative court may, prior to the oral argument session, take the following measures if it considers necessary to do so in order to expedite the closing of oral argument session:
1. To order the parties, their statutory agents, representatives or administrators to appear in person;
2. To order the parties to produce drawings/illustrations, schedules/lists, translations of documents written in a foreign language, or other documents and objects;
3. To conduct inspections, or order expert testimony, or request an agency or organization to conduct an investigation;
4. To notify witnesses or expert witnesses, and to order documents or objects, or order a third party to produce documents or objects; or
5. To require a commissioned judge or an assigned judge to take evidence.
In order to elucidate or ascertain relations involved in the litigation, the administrative court may, during the oral argument session, take the measures as provided in Subparagraphs 1 to 3 inclusive of the preceding Paragraph, and may temporarily retain in the court the documents and objects produced by a party or a third party.
Article 122
Oral-argument sessions start with the parties' stating their respective claims.
The parties shall make factual and legal statements regarding matters involved in the litigation.
The parties shall not quote documents in lieu of oral statements, except where it is necessary to quote certain passages from the documents and then, the party may do so by reading the essential part.
Article 122-1
If the parties to the litigation, witnesses, expert witnesses, or other persons relevant to the litigation do not speak the language of the Republic of China, the administrative court should appoint an interpreter for the proceedings. The same also applies when the judge does not understand the dialects used by the persons relevant to the litigation.
If the persons relevant to the litigation have a hearing impairment, articulation problems, or speech problems, the administrative court should appoint an interpreter, ask questions in written form, or make them respond in written form.
The rules regarding expert witnesses shall apply mutatis mutandis to the interpreters as provided for in the preceding two paragraphs.
When there are circumstances as provided for in Paragraph 2, the spouse, direct blood relative, or indirect blood relative within three degrees, head of the family, family members, medical doctor, psychologist, counselor, social worker, or any person trusted by the persons relevant to the litigation may accompany such persons in court proceedings if permitted by the presiding judge.
Article 123
Unless otherwise provided, the administrative court shall take evidence in the oral argument sessions.
The parties shall state the evidence used in accordance with the provisions of Section 4 of Chapter I of Part II.
Article 124
The presiding judge shall start, direct and conclude the oral argument session and announce the administrative court's decision.
The presiding judge may prohibit any person from speaking who disobeys his/her direction on oral argument.
When the oral argument needs to be continued, the presiding judge shall promptly designate the date for continuation.
Article 125
An administrative court shall, on its initiative, investigate the factual relationships, and shall not be bound by the parties' factual claims and assertions about the evidence.
The parties to the litigation shall cooperate with the investigation referred to in the preceding Paragraph.
The presiding judge shall strive to allow the parties to examine and debate the facts and the law adequately and comprehensively.
The presiding judge shall question or inform the parties, direct them to make factual representations, offer evidences, or make other necessary statements and representations. If the statements, representations, or types of litigation are ambiguous or incomplete, the presiding judge shall direct the presenting party to clarify or complete them.
After informing the presiding judge, the associate judge may question or inform the parties.
Article 125-1
After seeking opinions from the parties to the litigation, the presiding judge may set a deadline and order the parties to the litigation to do the following:
1. make statements about facts or point out the methods of proof.
2. submit the documents or objects that the parties to the litigation have legal obligations to submit.
If the parties to the litigation miss the deadline described in the preceding Paragraph to make statements about facts, point out the methods of proof, or submit the documents or objects, and if all the following conditions are met, the administrative court may, unless otherwise stipulated by law, make judgments or rulings regardless of such statements about facts or methods of proof:
1. missing the deadline hinders the conclusion of the litigation.
2. the parties to the litigation fail to demonstrate that missing the deadline was not attributable to them.
3. the presiding judge notified the parties to the litigation beforehand of the consequences of missing the deadline.
Article 125-2
To clarify the relationships involved in the litigation, an administrative court may, when necessary, order a judicial affairs officer, based on his or her professional knowledge, to explain the facts and the law.
The particular professional knowledge provided by the judicial affairs officer to the administrative court may only be adopted as the basis of a judgment or ruling if the parties to the litigation are given opportunities to examine such special professional knowledge.
Article 126
The presiding judge shall appoint a judge who is to be commissioned to act in accordance with the provisions of this Act.
Unless otherwise provided, any request to be made by the administrative court shall be made by the presiding judge.
Article 127
The administrative court may order arguments to be held jointly where multiple litigations were initiated separately but are based on the same or same types of factual or legal grounds.
Arguments of several litigations that have been ordered to be held jointly may be decided jointly.
Article 128
The administrative court clerk shall prepare an oral argument transcript, indicating the following matters:
1. The place and date of the oral argument;
2. The full names of the judges, the court clerk, and the interpreter;
3. The subject matter of the litigation;
4. The names of the appearing parties, statutory agents, representatives, administrators, advocates, assistants, and other persons who were summoned to appear; and
5. A statement as to whether the argument was held in public, and, if not, the reason therefor.
Article 129
The oral argument transcript shall indicate the purport of the progress of the argument and the following matters with particularity:
1. Any abandonment, admission of claims, admission of facts and voluntary dismissal of case.
2. Any statement or withdrawal of evidence and any objection to the violation of provisions regulating litigation procedure;
3. Any other important statements or representations made by the parties and the circumstances where the parties were informed but chose not to make statements or representations;
4. Any other statements or representations which are required to be indicated in the transcript by this Act
5. Any testimony of a witness or an expert witness, and any inspection findings;
6. Matters that were ordered to be recorded pursuant to the presiding judge's instruction;
7. Decisions other than those which must be made in writing and included in the dossier; and
8. Announcement of the decision.
Article 130
The transcript, the documents referenced in the transcript that are either included in the dossier or appended to the transcript, indicating matters specified in Subparagraphs 1 to 6 inclusive of the preceding Article, shall, on motion, be read aloud to the person who has interests in the litigation in the court or such person may be permitted to inspect them, and a note to such effect shall be made in the transcript.
Where the person who has interests in the litigation objects to the entries in the transcript, the administrative court clerk may rectify or supplement such entries. If the objection is considered meritless, the administrative court clerk shall make a note of the objection in the transcript.
If machinery is used to record the oral argument session, the implementation regulations shall be prescribed by the Judicial Yuan.
Article 130-1
If there are available technological audio-visual transmission devices between the place of residence or location of the parties, their representative, administrator, advocate, assistant, witness, expert witness or other related persons, or the court located at that place and the administrative court, which can be used by the court to examine the case directly, and the administrative court considers it appropriate, it may, on motion or on its own initiative, use the devices to examine the case.
In the circumstances provided in the preceding Paragraph, the location at which the parties shall appear that is indicated in the summons for the session shall be the location of such devices.
The transcript and other documents to be signed by the person who makes the statement for the procedure conducted in accordance with Paragraph 1, shall be transmitted by the administrative court to the place where the person who makes the statement locates; and after such transcripts and documents have been confirmed and signed by the person who makes the statement, the transcript and documents shall then be transmitted back to the administrative court via telefax or other technological devices.
The implementation regulations for the examination as provided in Paragraph 1 and the transmission of documents as provided in the preceding Paragraph shall be prescribed by the Judicial Yuan.
Article 131
The following provisions concerning the court's or presiding judge's authority shall apply mutatis mutandis to the preparatory proceedings conducted by the commissioned judge:
1. The amended Administrative Litigation Act: Paragraphs 3 to 6 of Article 49, Paragraph 4 and Paragraph 8 of Article 49-1, Paragraph 1 of Article 49-2, Article 55, Paragraph 1 of Article 66, the proviso of Article 67, the first sentence of Paragraph 1 of Article 100, Paragraph 2 of Article 100, the proviso of Paragraph 1 of Article 107, Paragraph 2 of Article 107, the proviso of Paragraph 3 of Article 107, Paragraph 4 of Article 110, Subparagraphs 1 to 4 of Paragraph 1 of Article 121, Paragraph 2 of Article 121, Article 122-1, Article 124, Article 125, Article 125-1, Article 125-2, Article 130-1;
2. The Code of Civil Procedure: Article 49, Paragraph 1 of Article 75, Paragraph 1 of Article 120, Paragraphs 1 and 2 of Article 121, Article 200, Article 207, Article 208, Paragraph 2 of Article 213, Article 213-1, Article 214, Article 217, Article 268, Paragraphs 2 and 3 of Article 268-1, Paragraph 1 of Article 268-2, Paragraphs 1 and 2 of Article 371, and Article 372
Article 132
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Division: from Article 195 to Article 197, Article 200, Article 201, Article 204, Article 206, Article 208, Article 210, Article 211, Article 213, Paragraph 2, Article 214, Article 215, from Article 217 to Article 219, from Article 265 to Article 268-1, Article 268-2, Article 270, Paragraph 1, from Article 270-1 to Article 271-1, from Article 273 to Article 276.
Section 4 Evidence
Article 133
The administrative court shall, on its own initiative, take evidence.
Article 134
Even if a party has admitted to the facts alleged by the opposing party, the administrative court shall consider other necessary evidence on its own initiative.
Article 135
Where a party intentionally destroys or hides a piece of evidence, or makes it difficult to use, for the purpose of obstructing the use of such evidence by the opposing party, the administrative court may, in its discretion, take as the truth the opposing party's allegation with regard to such evidence or the disputed fact to be proven by such evidence.
In the case provided in the preceding Paragraph, the parties shall be accorded an opportunity to present their arguments before a decision is rendered.
Article 136
Unless otherwise provided in this Act, Article 77 of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Section.
Article 137
A party has the burden of proof with regard to custom and foreign laws which are unknown to the administrative court. Notwithstanding, the administrative court may investigate on its own initiative.
Article 138
The administrative court may request the civil court, other government agencies, a school or an organization to conduct necessary investigation of evidence.
Article 139
Where the administrative court considers it appropriate, it may designate a member of court to act as the commissioned judge or request another administrative court to designate a judge to conduct the evidence-taking.
Article 140
Where the administrative court in which the litigation is pending takes evidence prior to the oral-argument sessions, or the evidence is taken by the commissioned judge or the assigned judge, the court clerk shall make a transcript of such evidence-taking.
Articles 128 to 130 inclusive shall apply mutatis mutandis to the transcript provided in the preceding Paragraph.
The transcript of the evidence-taking conducted by the commissioned judge shall be forwarded to the administrative court in which the litigation is pending.
Article 141
The parties shall be directed to present argument on the outcome of evidence-taking.
Where the evidence is taken outside the administrative court in which the litigation is pending, the parties shall state the outcome of such evidence-taking in the oral-argument sessions. Notwithstanding, the presiding judge may order the administrative court clerk to read aloud the evidence-taking transcript or other documents as substitute.
Article 142
Unless otherwise provided in applicable laws, every person is under a general duty to testify in an administrative litigation between others.
Article 143
Where a witness who has been legally summoned fails to appear without giving a justifiable reason, the administrative court may impose a fine not exceeding NTD 30,000 by a ruling.
Where a witness who has been fined in accordance with the provision of the preceding Paragraph, and still fails to appear after he/she has been summoned again, he/she may again be fined for an amount not exceeding NTD 60,000 and may also be apprehended to appear.
The provisions of the Code of Criminal Procedure pertaining to the apprehension of a defendant shall apply mutatis mutandis to the apprehension of a witness; where the witness is a soldier, the apprehension shall be executed by the superior officer concerned who is requested to do so by a warrant.
An appeal may be taken from a ruling imposing a fine upon a witness; the execution of such ruling shall be stayed pending such appeal.
Article 143-1
If a witness cannot participate in a court proceeding, or there are other necessary circumstances, the administrative court may examine the witness where the witness is present.
If the witness has to make statements based on documents or materials, or if the administrative court considers the nature of the matter or the situation of the witness to warrant the decision, the administrative court may order the parties to the litigation to make written statements together with witnesses in front of notaries public.
Witnesses may also make written testimony outside of administrative court if the parties to the litigation consent to the admissibility of such written testimony.
Even though written testimony is made per the preceding two paragraphs, if the administrative court considers that the written testimony of the witness requires explanation or one party to the litigation applies to question witnesses, the administrative court may require the witness to participate in the court proceedings.
When witnesses make testimony in written form, the truth of the testimony shall be attested to by the witnesses and notarized by notaries public. If the witnesses are examined following Article 130-1, such witnesses shall attest to the truth of their testimony before or after the examination.
Article 144
Where a witness is or was a public officer or a national representative and is to be examined with regard to the matter which he/she is obliged to keep confidential by virtue of his/her duties, he/she shall be examined with the permission of his/her supervising officer or the representative organ.
The permission provided in the preceding Paragraph may not be withheld except that such examination will encumber highly confidential national information.
The preceding two Paragraphs shall apply mutatis mutandis to the circumstances where the witness is commissioned to perform public functions by a government agency.
Article 145
A witness may refuse to testify in case in which the testimony of the witness may sufficiently expose the witness or any person who has the following relationship with him/her to criminal prosecution or embarrassment:
1. The witness's spouse, former spouse, a relative by blood within the fourth degree of relationship, a relative by marriage within the third degree of relationship, a person who had the aforesaid relative relationship with the witness, or a person who was engaged to the witness; and
2. The witness's guardian or ward.
Article 146
A witness may refuse to testify in any of the following circumstances:
1. Where the witness is in one of the situations provided for in Article 144;
2. Where the witness is or was a doctor, a pharmacist, a pharmacy operator, a psychologist, a midwife, a religious teacher, an attorney-at-law, a certificated public accountant, or other persons who engage in similar affairs, or persons who assist the aforesaid persons, or persons who have ever assumed such duty, and the matters to be examined relate to other persons' confidential information which the witness obtained in the course of conducting business;
3. Where the sought testimony relates to the witness' technical or professional secrets.
The preceding Paragraph does not apply to the circumstance in which a witness has been relieved of the confidentiality obligation.
Article 147
Where the witness may be permitted to refuse to testify in accordance with the preceding two Articles, the presiding judge shall so inform such witness before the examination or at the time when such case is known to the presiding judge.
Article 148
Where a witness refuses to testify without specifying the reason and the facts giving rise to his/her refusal, or continues to refuse to testify after the ruling denying his/her refusal has become binding, the administrative court may by a ruling impose upon him/her a fine not exceeding NTD 30,000.
An appeal may be taken from the ruling provided in the preceding Paragraph; the execution of the ruling shall be stayed pending such appeal.
Article 149
The presiding judge shall order each witness to sign a written oath prior to examination. Notwithstanding, where it cannot be ascertained in advance that a witness will need to sign a written oath, the oath-signing shall be conducted after examination.
Before the witness signs the written oath, the presiding judge shall inform the witness of his/her obligation to sign a written oath and of the penalty of perjury.
The provisions of the two preceding Paragraphs do not apply to the case where a witness makes statements by pleadings.
Article 150
Where a witness is under the age of sixteen or is mentally retarded or with other intellectually disabilities and therefore cannot understand the meaning of a written oath and the effects thereof, the witness shall not be ordered to sign a written oath.
Article 151
The court may exempt a witness from signing a written oath if the witness is one of the following:
1. The witness is a party's spouse, former spouse, a relative by blood within the fourth degree of relationship or a relative by marriage within the third degree of relationship; or the witness had the aforesaid relationship with the party, or the witness has engaged to a party;
2. Where there is a circumstance as provided in Article 145 and the witness does not refuse to testify; and
3. A party's employee or cohabitant.
Article 152
A witness may refuse to sign a written oath on matters with direct interests with him/her or with the persons provided in Article 145.
Article 153
Article 148 shall apply mutatis mutandis to the circumstances where the witness refuses to sign a written oath.
Article 154
A party may move the presiding judge to conduct a necessary examination of a witness or, after informing the presiding judge, conduct such examination himself/herself on matters concerning the facts to be proven and the witness's credibility.
In the examination provided in the preceding Paragraph, the presiding judge may, on motion or its own initiative, limit or prohibit questions which are irrelevant to the facts to be proven, repetitious, leading, insulting, or involving other inappropriate circumstances.
The administrative court shall rule on an objection raised with regard to the limitation placed on or prohibition of the examination.
Article 155
The administrative court shall pay the witness daily fees and travel expenses; the witness may claim for the fees and expenses after the completion of the examination. However, no witness daily fees or travel expenses shall be paid if the witness is apprehended to appear or refuses to sign a written oath or to testify without giving a justifiable reason.
An appeal may be taken from a ruling on daily fees and travel expenses as provided in the preceding Paragraph.
A witness's necessary travel expenses may be paid in advance upon request.
Article 156
Unless otherwise provided, the provisions regarding examination of witnesses in this Act shall apply mutatis mutandis to expert testimony.
Article 157
Anyone who possesses the required academic or technical knowledge, is engaged in the trade or profession needed for expert testimony, or has been commissioned by a government agency to provide expert opinion, is obliged to be an expert witness in administrative litigation.
An expert witness shall disclose the following information before the appointment. If the information is discovered after the appointment, he or she shall disclose the information to the presiding judge and the parties to the litigation immediately:
1. academic credentials and professional experiences, areas of specialty, and prior experiences of participation in litigation procedure, non-litigation procedure, or court mediation procedure because of his or her professional knowledge or experiences.
2. whether he or she has had any division of labor or cooperation with the parties to the litigation, assistive joined parties, assistive persons, or their agents concerning the professional knowledge and experiences and the preparation or submission of the relevant materials.
3. concerning the professional knowledge and experiences and the preparation or submission of the relevant materials, whether he or she has been compensated for or financially supported by the parties to the litigation, assistive joined parties, assistive persons, or their agents; if so, the amount of value of such compensation or financial support.
4. concerning the particular matter, anyone who provides compensation or financial support, and the amount or value of such compensation or support.
5. any other circumstance that is enough to find that the expert witness may not be able to carry out his or her duties impartially and independently.
Article 158
No expert witness may be apprehended.
Article 159
Where an expert witness refuses to give expert testimony for whatever reason other than those provided in this Act, the administrative court may relieve him/her from the duty to act as an expert witness if the administrative court considers the reason given to be justifiable.
Article 160
An expert witness may claim for reasonable compensation in addition to the legally prescribed daily fees and travel expenses.
Upon the request of the expert witness, the expenses needed for giving expert testimony may be paid in advance.
An appeal may be taken from the ruling on the requests provided in the preceding two Paragraphs.
Article 161
Article 160 of this Act and Articles 335 to 337 inclusive of the Code of the Civil Procedure shall apply mutatis mutandis to the circumstances where the administrative court requests a government agency, a school or an organization to give expert testimony or to review the expert testimony given in accordance with Article 138. Where an explanation is needed, such explanation shall be provided by the person appointed by such agency, school or organization.
Article 162
Whenever necessary, the administrative court may consult the persons who engage in the academic study regarding professional legal issues in the litigation, and to request such persons to provide their legal opinion in writing or to state their opinion in the court session.
For the opinion provided in the preceding Paragraph, the court shall inform the parties of such opinion before rendering the decision for the parties to present their arguments.
The provisions of expert witness shall apply mutatis mutandis to the persons who provide their opinion in accordance with Paragraph 1; however, such persons shall not be ordered to sign a written oath.
Article 163
A party has the duty to produce the following documents:
1. Documents to which such party has made reference in the course of the litigation proceeding;
2. Documents which the opposing party may require the delivery or an inspection thereof pursuant to the applicable laws;
3. Documents which are created in the interests of the opposing party;
4. Documents which are created for the matters relating to the legal relations in this litigation; and
5. Commercial accounting books.
Article 164
The administrative court may order a document which is in an official's possession or in a government agency's custody. If the government agency is party to the litigation, it has a duty to produce such document.
In the circumstances provided in the preceding Paragraph, no refusal is acceptable unless the disclosure of document will encumber highly confidential national information.
Article 165
Where a party disobeys an order to produce documents without giving a justifiable reason, the administrative court may, in its discretion, take as the truth the opposing party's allegation with regard to such document or the fact to be proven by such document.
In the case provided in the preceding Paragraph, the parties shall be accorded an opportunity to present their arguments before a decision is rendered.
Article 166
Where a document identified to be introduced as documentary evidence is in a third party's possession, a party shall move the administrative court either to order such third party to produce such document or to designate a period of time within which the party who intends to introduce it as evidence shall produce such document.
Paragraphs 2 and 3 of Article 342 of the Code of Civil Procedure shall apply mutatis mutandis to the motion provided in the preceding Paragraph.
A preliminary showing shall be made with regard to the fact that the document is in a third party's possession and the reason why the third party has the duty to produce such document.
Article 167
Where the administrative court considers that the fact to be proven is material and that the motion initiated by the party who intends to introduce it as evidence is just, it may order, by a ruling, the third party to produce the document or to designate a period of time within which the party who intends to introduce it as evidence shall produce such document.
Before making the ruling provided in the preceding Paragraph, the administrative court shall accord the third party an opportunity to be heard.
Article 168
With regard to a third party's duty to produce documents, Articles 144 to 147 inclusive, and Subparagraphs 2 to 5 inclusive of Article 163 shall apply mutatis mutandis.
Article 169
Where a third party disobeys an order to produce documents without giving a justifiable reason, the administrative court may, by a ruling, impose a fine not exceeding NTD 30,000; where necessary, the administrative court may also, by a ruling, order for compulsory measures to be taken.
Article 306 shall apply to the execution of compulsory measures as provided in the preceding Paragraph.
An appeal may be taken from the ruling provided in Paragraph 1; the execution of such ruling shall be stayed pending such appeal.
Article 170
A third party may claim the expenses for producing documents.
Article 155 shall apply mutatis mutandis to the circumstance provided in the preceding Paragraph.
Article 171
The authenticity of a document may be proven by comparing the handwriting or the impression of seals.
The administrative court may order the parties or a third party to produce documents which may be used for making the comparison. The provisions regarding inspection shall apply to any comparison of handwriting or seal impressions.
Article 172
Where there is no suitable handwriting available for comparison, the administrative court may order the person in whose name the document is issued to write the words designated by the court for the purpose of comparison.
Where the person in whose name a document is issued disobeys the order provided in the preceding Paragraph without giving a justifiable reason, Article 165 or Article 169 shall apply mutatis mutandis.
The words written for the purpose of comparison shall be annexed to the transcript; the same applies to other documents which are produced for the purpose of comparison and need not be returned.
Article 173
The provisions of this Act concerning documents shall apply mutatis mutandis to non-documentary objects which have the same function as documents.
Where the content of a document or an object provided in the preceding Paragraph is accessible only through technological devices or it is practically difficult to produce its original version, a writing representing its content along with a proof of the content represented as being true to the original version will be acceptable.
Article 174
Articles 164 to 170 inclusive shall apply mutatis mutandis to inspection.
Article 175
The motion for the preservation of evidence shall be made after litigation has been initiated in the administrative court where the litigation is pending. Where litigation has not been initiated, such a motion shall be made in the district administrative court where the person to be examined domiciles/resides or where the tangible evidence is located.
In urgent cases, a motion for the preservation of evidence may be made, even when the litigation has been initiated in the district administrative court provided in the preceding Paragraph.
Article 175-1
When the administrative court conducts the preservation of evidence, it may order a court administrator to assist the evidence-taking.
Article 176
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section: Article 215, from Article 217 to Article 219, Article 278, Article 281, Article 282, from Article 284 to Article 286, from Article 291 to Article 293, Article 295, Article 296, Article 296-1, from Article 298 to Article 301, Article 304, Article 309, Article 310, Article 313, Article 313-1, from Article 316 to Article 319, Article 321, Article 322, from Article 325 to Article 327, from Article 331 to Article 337, Article 339, from Article 341 to Article 343, from Article 352 to Article 358, Article 361, from Article 364 to Article 366, Article 368, from Article 370 to Article 376-2.
Section 5 Stay of Litigation Proceedings
Article 177
When the decision on an administrative litigation is premised upon the existence or non-existence of civil legal relations to be determined in another litigation which is pending and not concluded, the administrative court shall by a ruling stay the proceeding.
In addition to the circumstances provided in the preceding Paragraph, if there is another civil, criminal or other administrative litigation that is relevant to the decision of the administrative litigation, the administrative court shall by a ruling stay the proceeding until the civil, criminal or other administrative litigation is concluded.
Article 178
(Repealed.)
Article 178-1
An administrative court shall stay the proceeding by a ruling when it opines that the statutory law applicable to the litigation is unconstitutional and applies to the Constitutional Court for a judgment that declares the statutory law as unconstitutional.
Article 179
When a person who becomes party to a litigation on behalf of another person in his/her own name based on a certain qualification either loses such qualification or dies, the proceeding shall be stayed automatically until another person with the same qualification assumes the litigation.
When all of the appointed or designated persons to be parties to litigation as provided in Article 29 lose their qualification, the proceeding shall be stayed automatically until all of the parties sharing the same interests, or a newly appointed or designated person to be party to litigation assume the action.
Article 180
Article 179 does not apply where the party concerned is represented by an advocate; in such cases, however, the administrative court may rule, in its discretion, to stay the proceeding.
Article 181
After the proceeding is stayed, a person assuming the litigation in accordance with the applicable laws shall submit statement for assumption of the litigation as soon as he/she is able to assume the litigation.
The opposing party may also submit statement for assumption of the litigation.
Article 182
When the proceeding is stayed automatically or by a ruling, neither the administrative court nor the parties may conduct acts of litigation concerning the principal case. Notwithstanding, if the proceeding is stayed automatically after the conclusion of the oral-argument sessions, the decision based on such oral argument may be announced.
When the proceeding is stayed automatically or by a ruling, all relevant periods of time shall cease to run, and then continue to run from the end of the stay.
Article 183
The parties may stay the proceeding by consent, except that the stay is detrimental to protecting the public interest.
The consent provided in the preceding Paragraph shall be notified by both parties to the administrative court.
If the administrative court determines that the consent provided in the first Paragraph is detrimental to protecting the public interest, the court shall order by a ruling within one month to continue the litigation.
No appeal may be taken from the ruling provided in the preceding Paragraph.
The running of a peremptory period shall not be affected by the stay by consent provided in Paragraph 1.
Article 184
In addition to the ruling provide in Paragraph 3 of the preceding Article, if the parties who consented to stay the proceeding fail to continue the proceeding within four months after notifying such consent to the court, the case shall be deemed dismissed voluntarily. The parties may stay the proceeding by consent again only for another time, after continuing the proceeding from a stay by consent. If the parties notify the court again to stay the proceeding by consent, the case shall be deemed dismissed voluntarily.
Article 185
The fact that both parties failed to appear in the oral-argument sessions without giving a justifiable reason will be deemed a consent to stay the proceeding, unless the stay is detrimental to protecting the public interest. If the parties fail to continue the proceeding within four months thereafter, the case will be deemed dismissed involuntarily. Nonetheless, the administrative court may, as it considers necessary, continue the proceeding on its own initiative.
When the administrative court orders to continue the litigation in accordance with the proviso of the preceding Paragraph, if both parties still fail to appear without giving a justifiable reason, the case shall be deemed dismissed voluntarily.
When the administrative court deems that the stay of proceeding as provided in the first Paragraph is detrimental to protecting the public interest, unless otherwise provided in applicable laws, the court shall order by a ruling to continue the action within one month after such date.
No appeal may be taken from the ruling provided in the preceding Paragraph.
Article 186
Articles 168 to 171 inclusive, Article 173, Article 174, Articles 176 to 181 inclusive, Articles 185 to 187 inclusive, of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section.
Section 6 Decision
Article 187
Except for decisions to be rendered in the form of a judgment as provided by this Act, all decisions shall be made in the form of a ruling.
Article 188
Unless otherwise provided, a decision of an administrative litigation shall be based on the parties' oral arguments.
For a judge who did not participate in the oral argument session on which a decision is based, he/she may not participate in making the decision.
A ruling may be made without oral argument session.
Unless otherwise provided, where a ruling is made without oral argument session, the court may order the persons who have interests in the litigation to present their statements in writing or oral.
Article 189
Unless otherwise provided, in making a decision, the administrative court shall take into consideration the entire purport of the oral argument and the result of evidence-taking and apply the rules of logic and experience in determining the facts.
Where a party has proven injury but is unable to or is under great difficulty to prove the exact amount, the court shall, taking into consideration all circumstances, determine the amount by its evaluation.
The judgment shall specify the reasons on which the evaluation is based.
Article 190
Where the administrative litigation is mature for decision, the administrative court shall render a final judgment.
Article 191
Where part of a claim or one of several claims raised in the litigation is mature for decision, the administrative court may enter a partial final judgment.
The preceding Paragraph shall apply mutatis mutandis to cases where one of several litigations ordered to be argued jointly is mature for decision.
Article 192
Where one of the grounds of attack or defense presented separately is mature for decision, the administrative court may enter an interlocutory judgment; the same applies to cases where the ground and amount of a claim are both disputed and the administrative court finds the ground just.
Article 193
Where a procedural issue relating to the administrative litigation proceedings is mature for a decision, the administrative court may first enter a ruling on such issue.
Article 194
Where the administrative litigation is related to the protection of public interest and both parties fail to appear in the oral argument session without giving a justifiable reason, the administrative court may, on its own initiative, investigate the facts and enter a judgment without oral argument session.
Article 194-1
If a party refuses to make statements during oral arguments, such refusal shall be deemed an absence. The same applies to the circumstances where the agent of litigation for a party fails to participate in an oral argument governed by the first Paragraph of Article 49-1.
Article 195
Where the administrative court determines that the plaintiff's claim is meritorious, unless otherwise provided, the court shall render a judgment in favor of the plaintiff; where the claim is determined meritless, the court shall render a judgement to dismiss the case.
In a litigation of revocation, if the judgment is to amend the original disposition or decision, the judgement cannot be made in a manner less favorable to the plaintiff than the original disposition or the decision.
Article 196
Where the administrative disposition has been executed and the administrative court enters a judgement to revoke the administrative disposition, the court may, on motion by the plaintiff and as it deems appropriate, rule in the judgment that the government agency shall take appropriate measures for restoration.
In the course of a litigation of revocation, if the original disposition has been executed and there is no likelihood for restoration or the disposition has voided, in cases where the plaintiff has legal interests in the declaratory judgment, the administrative court may, on motion, rule to declare the administrative disposition illegal.
Article 197
In a litigation of revocation, if the subject matter of the administrative disposition concerns payment of cash or other replaceable things or confirmation thereof, the administrative court may order payment of a different confirmed amount or a different confirmation.
Article 198
Where the administrative court adjudicates a litigation of revocation and finds that although the original disposition or decision is illegal but the revocation or amendment of the disposition will be materially detrimental to the public interest, the court may dismiss the plaintiff's case if it deems that the revocation or amendment of the original disposition or decision is manifestly contrary to the public interest after considering the harm suffered by the plaintiff, the compensation degree, measures of prevention and all other circumstances.
In the preceding Paragraph, it should be declared in the main text of the judgment that the original disposition or decision is illegal.
Article 199
Where the administrative court renders a judgment as prescribed in the preceding Article, the court shall order the defendant agency to provide compensation to the loss suffered as a result of the illegal disposition or decision in accordance with the plaintiff's statement.
If the plaintiff fails to raise the statement as provided in the preceding Paragraph, it may claim for damage award with the administrative court within one year after the judgement provided in the preceding Article becomes binding.
Article 200
In a litigation initiated by a person pursuant to Article 5 demanding for an administrative disposition or an administrative disposition with certain content, the administrative court shall render a decision in the following manners:
1. Where the plaintiff's claim is not in conformity with the applicable laws, the court shall dismiss the case by a ruling.
2. Where the plaintiff's claim is meritless, the court shall dismiss the case by a judgment.
3. Where the plaintiff's claim is meritorious and the facts and evidence of the claim are clear, the court shall order the government agency to render the requested administrative disposition as the plaintiff has petitioned.
4. Where the plaintiff's claim is meritorious but the facts and evidence of the claim are still unclear and concerns the discretion of the administrative agency, the court shall order the administrative agency to render a decision in response to the plaintiff's claim in line with the legal opinion stated in the judgment.
Article 201
Where an administrative disposition was rendered by the administrative agency ex officio, the administrative court may revoke such disposition only when the acts or omission of acts exceed its powers or constitute an abuse of powers.
Article 202
Where a party has either abandoned or admitted the claim during oral argument session, the administrative court shall, based on such abandonment or admission, enter a judgment against such party provided that the party has the authority in disposing of the right of the claim and no public interest is involved.
Article 203
If there is change of circumstances which was not predictable then after the constitution of a contract under public law, and if the performance of the original obligation arising therefrom will become obviously unfair, the administrative court may, on motion by a party, render a judgement for increasing or reducing the payment, or altering or lifting the original obligation.
If a party is an administrative agency, it may initiate the motion as provided in the preceding Paragraph for the purpose of preventing or avoiding causing manifest harm to the public interest.
The preceding two Paragraphs shall apply mutatis mutandis to pecuniary award occurred as a result of other grounds in public law.
Article 204
Judgments shall be published; judgments for which oral arguments were conducted shall be announced except for cases where parties explicitly express his or her absence on or fail to appear on the announcement day.
A judgment shall be announced on the day of the last oral-argument session or on a later date that is designated on the day of the last oral-argument session.
The date designated for announcing the judgment provided in the preceding Paragraph shall be no later than three weeks from the day of the conclusion of the oral argument session, except where cases are complex or there exist special circumstances.
The publication of a judgment shall be made by publishing the main text of the judgment on the administrative court's bulletin board or posting it on the administrative court's website. The administrative court clerk shall produce a report evidencing such fact noting the hour, date, month and year and attach such report in the dossier.
Article 205
A judgment announced will take effect irrespective of whether the parties appear in person to hear the announcement.
After a judgment is announced or published, the parties may, without waiting for its service, conduct acts of litigation on the basis of such judgment.
Article 206
The administrative court rendering the judgment becomes self-bound after the judgment is announced; in cases where no announcement is made, it becomes self-bound after the judgment is published.
Article 207
A ruling made with oral argument shall be announced. Notwithstanding, in cases where the parties explicitly express his or her absence or fail to appear on the announcement day, the ruling may be instead published.
A ruling which concludes a litigation shall be published.
Article 208
The administrative court, the presiding judge, commissioned judge or assigned judge who enters a ruling becomes self-bound after such ruling is announced; in cases where a ruling is not announced, it becomes self-bound after such ruling is published or served. Notwithstanding, the above provision does not apply to a ruling concerning the direction of proceedings or conditions otherwise provided.
Article 209
Judgment shall be made in a written form, indicating the following matters:
1. The full name and domicile or residence of the parties; in case of a juridical person, agency or association, its name and location, principal office or place of business;
2. The full name and domicile or residence of such party's statutory agent, representative or administrator;
3. The full name and domicile or residence of the advocate, if any;
4. In the case of a judgment based on oral argument, the date of the conclusion of the oral argument session;
5. The main text;
6. The facts;
7. The reasons;
8. The date, month and year; and
9. The administrative court.
Under the heading "facts", the parties' statements and purport of the means of attack or defense presented at the oral-argument sessions shall be indicated; when necessary, pleadings, transcripts and other documents may be appended to the judgment.
Under the heading "reasons", the court's opinion on the means of attack or defense and legal opinion shall be indicated.
Article 210
Authenticated copies of the judgment shall be served upon parties. Upon consent by the party to be served, authenticated copy of the judgement can be a record in electronic form, except that service of judgement upon a prisoner cannot be made by delivering electronic record.
The service provided in the preceding Paragraph shall be effectuated no later than ten days from the day when the administrative court clerk received the original copy of the judgment.
Where an appeal may be taken from a judgment, the period of time within which an appeal may be taken, and the administrative court to which the appeal pleading shall be submitted, shall be indicated in the authenticated copies of the judgment to be served upon the parties.
Where the period of time notified in the preceding Paragraph is incorrect and is shorter than the period fixed in applicable laws, such legally prescribed period shall prevail. Where the period of time notified is longer than the period fixed in applicable laws, the administrative court clerk shall issue a notice to rectify the time period no later than twenty days after the authenticated copy of the judgment is served and the period fixed in applicable laws shall run from the date after the notice to rectify the time period is served.
Where a party does not observe the period for taking an appeal from a judgment due to the failure by the administrative court to notify in accordance with Paragraph 3, or in case of error of notification, a notice to rectify was not issued in accordance with the preceding Paragraph, it should be regarded as a reason not imputable to such party and such party may move for restoration to status quo ante within one year after the judgement is served in accordance with Article 91.
Article 211
A judgment from which no appeal may be taken shall not be affected by reasons of an incorrect notice.
Article 212
A judgment becomes binding upon the expiration of the period of time for taking an appeal from a judgment. Notwithstanding, a timely appeal taken from a judgment in conformity with the law shall prevent that judgment from becoming binding.
A judgment from which no appeal may be taken becomes binding upon its announcement, or, if it is not announced, upon its publication.
Article 213
Res judicata exists as to a claim adjudicated in a final judgment with binding effect.
Article 214
In addition to all parties, a judgment with binding effect is binding on a person who becomes a party's successor after the initiation of the litigation and on a person who possesses the claimed object for the parties or their successors.
A judgment with binding effect in which a party has acted as the plaintiff or the defendant for another person is also binding on such other person.
Article 215
A judgement which revokes or amends the original administrative disposition or decision shall also be binding on a third party.
Article 216
A judgement which revokes or amends the original administrative disposition or decision shall also be binding on all relevant government agencies for the same matter.
Where the original administrative disposition or decision is revoked by a judgment and the government agency is ordered to render a new administrative disposition or decision, it shall be made in line with the instruction of the judgment.
Where the judgment provided in the preceding two Paragraphs points out that the legal opinion relied upon by the government agency is incorrect, the government agency shall be bound by the judgement and should not render a contrary or deviated decision or disposition.
The preceding three Paragraphs shall apply mutatis mutandis to other types of litigations.
Article 217
Paragraphs 2 to 4 inclusive of Article 204, Article 205, Article 210 of this Act and Article 228 of the Code of Civil Procedure shall apply mutatis mutandis to a ruling.
Article 218
Article 244, Article 227, Article 228, Article 230, Article 232, Article 233, Article 236, Article 237, Article 240, Article 385, Article 386, Article 388, Paragraphs 1 and 2 of Article 396, and Article 399 of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances as provided in this Section.
Section 7 Settlement
Article 219
If a party to the litigation has the right to dispose of the subject matter and the settlement does not harm the public interest, the administrative court may attempt to mediate a settlement at any time, irrespective of the phase of the proceeding. If necessary, the settlement may include matters that are not the subject matter of the litigation.
The commissioned or assigned judge of the administrative court may also attempt to mediate a settlement referred to in the preceding Paragraph.
A third party may participate in the settlement with permission granted by the administrative court. If the administrative court considers it necessary, it may instruct a third party to participate in the settlement.
Article 220
For purposes of seeking settlement, the parties or their statutory agents, representatives or administrators may be ordered to appear in person.
Article 221
Where settlement is reached, a settlement transcript shall be made.
Articles 128 to 130 inclusive of this Act and Articles 214, Article 215, Articles 217 to 219 inclusive of the Code of Civil Procedure shall apply mutatis mutandis to the transcript provided in the preceding Paragraph.
Within ten days from the day when settlement is reached, an authenticated copy of the settlement transcript shall be served upon the parties and any third party who participates in the settlement.
Article 222
Where a settlement is reached, Article 213, Article 214 and Article 216 shall apply mutatis mutandis to its effect.
Article 223
Where grounds exist for nullifying or revoking the settlement, a party may move for continuing the litigation proceeding.
Article 224
A motion for continuing the litigation proceeding must be initiated within a peremptory period of thirty days.
The period provided in the preceding Paragraph starts to run from the time when the settlement is reached, or from the time when the ground for nullifying or revoking the settlement became known at a later date.
A motion for continuing the litigation proceeding may not be initiated after a period of three years has elapsed from the time when the settlement is reached, except where the parties have claimed that they were not legally represented.
Article 225
Where the motion for continuing the litigation proceeding is not in conformity with the applicable laws, the administrative court shall rule to dismiss the motion by a ruling.
Where the motion for continuing the litigation proceeding is meritless, the court may rule to dismiss the motion by a judgement without conducting oral arguments.
Article 226
Where the terms of the settlement have been revised as a result of the motion for continuing the litigation proceeding, Article 282 shall apply mutatis mutandis.
Article 227
If a settlement between the parties and a third party is invalid, or grounds exist for revoking such a settlement, a litigation may be initiated in the original administrative court seeking a declaratory judgment that the settlement is invalid or to seek a judgment to revoke the settlement.
For the situation referred to in the preceding Paragraph, a party to the litigation may move to consolidate the adjudication of the aforesaid litigation with that of the original litigation.
Article 228
Articles 224 to 226 shall apply mutatis mutandis to the circumstances prescribed in Paragraph 1 of the preceding Article.
Article 228-1
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section: Article 377-1, Article 377-2, and Article 380, Paragraph 3.
Section 8 Mediation
Article 228-2
When a party to the litigation has the right to dispose of the subject matter of the litigation, and the mediation of the litigation does not harm the public interest, the administrative court may, at the consent of both parties to the litigation, move the case to mediation when the case is pending.
The commissioned or assigned judge of the administrative court may also attempt to mediate the case, as referred to in the preceding Paragraph.
When necessary, mediation may include matters that are not the subject matter of the litigation.
With permission granted by the administrative court, a third party may participate in the mediation. If the administrative court considers it necessary, it may instruct a third party to participate in mediation on its initiative or upon the application of a party.
Article 228-3
The original administrative court or the commissioned or assigned judge of the administrative court may appoint one to three mediators to mediate the case without judges. Mediators may request the presence of judges after mediation or in other circumstances. Judges may mediate a case directly whenever they consider it appropriate.
When parties to the litigation object to the mediators appointed by judges per the preceding Paragraph, judges may appoint other mediators.
Article 228-4
The administrative court should prepare a roster of individuals who are fit to serve as mediators so that judges find it convenient to appoint them. The Judicial Yuan shall determine the qualifications, periods of service, appointment, firing, information that shall be disclosed, per diem, travel expenses, compensation, etc.
When a judge finds it necessary in a matter of mediation, he or she may appoint as mediator a person not listed on the roster referred to in the preceding Paragraph.
The per diem, travel expenses and compensation are borne by the State.
Article 228-5
The following provisions of this Act shall apply mutatis mutandis to the circumstances provided in this Section: Article 85, Article 87, Paragraph 2, Article 87, Paragraph 3, Article 130-1, Article 220, Article 221, Paragraph 2, Article 221, Paragraph 3, from Article 222 to Article 228-1.
Article 228-6
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section: Article 84, Paragraph 1, Article 407, Paragraph 1, Article 407-1, Article 410, Article 413, Article 414, Article 420, Article 420-1, Paragraph 2, Article 420-1, Paragraph 1, Article 422, and Article 426.