Home > 4. Jurisdiction

Font Size: 字型小 字型中 字型大  

(1) Territorial Jurisdiction

 The territorial jurisdiction of this Court extends to the following areas: Taipei City, New Taipei City, Taoyuan City, Hsinchu City, Hsinchu County, Keelung City, Yilan County, Hualien County, Kinmen County, and Lienchiang County. The total area of the abovementioned cities and counties is approximately 12,000 square kilometers. The litigation jurisdiction of this Court includes, among others, reviewing appeals from the administrative litigation panels of ten district courts in Taipei, Banqiao, Shilin, Taoyuan, Hsinchu, Keelung, Yilan, Hualien, Fujian Kinmen and Fujian Lienchiang.

(2) Subject Matter Jurisdiction

 Under the current three-levels-two-instances system of administrative litigation, administrative litigation panels at district courts have jurisdiction over the following matters:

 (A)Summary proceeding cases. Summary proceeding cases are those litigations for which the amount in dispute, or the value of the claim, is less than NT$ 400,000, as well as those litigations brought against the minor administrative acts such as caution, warning, recording violation points or frequency, and attending educational lectures. Cases that involve the decisions of regulatory detention rendered by the National Immigration Agency of the Ministry of the Interior, regardless of whether they also involve monetary damages or other transfer of property, are summary proceeding cases as well.

 (B)Rulings for traffic violations. For traffic violations, the Traffic Adjudication Office or the Motor Vehicle Office issues rulings with regard to the facts and penalties. If unsatisfied with the rulings issued by these offices, one may bring suit against the government at the administrative litigation panels of the district courts.

 (C)Procedures of interim order with regard to evidence or remedies for the above-mentioned types of administrative litigations.

 (D)First instance for petitions requesting relief from the regulatory detention period, and for petitions requesting judicial approval of its extension.

 (E)Enforcement of judgment.

 This Court acts as first instance in ordinary proceedings for all disputes arising under public law that are not summary proceedings or rulings for traffic violations; the jurisdiction extends to the enforcement of judgment and procedures of interim order with regard to evidence or remedies for these disputes. This Court also acts as second instance for reviewing cases from the administrative litigation panels of the district courts. This Court conducts trials based on both the matter-of-law and matter-of-fact. The second-instance and rulings rendered by this Court are final and no further appeals are allowed. Concerning an appellate case, if this Court finds a need to ensure the uniformity of legal opinions, this Court should issue a ruling to transfer the case to the Supreme Administrative Court for adjudication.

the three-levels-two-instances system of administrative litigation

the subject matter jurisdiction of various levels of administrative courts