The Inquisitorial Investigation of Administrative Litigation Act

• Main Authors: LIN, PO-HAN, 林柏漢
• Other Authors: CHANG, HUEI-TUNG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/gnptwd

碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === In Administrative Litigation, all types of litigation are related to public welfare. In Article 133 of Administrative Litigation Act, the use of “assertion of public welfare” and “types of litigation” as the differential standard is inappropriate. The inquisitorial investigation shall apply all kinds of Administrative Actions including revocation and other types of litigation. The core of the inquisitorial investigation is that “litigants do not have a binding effect over the court”, whether or not the facts and evidence are collected by the litigant or the court itself. If the litigant violates their duty of cooperation, the litigant will therefore suffer disadvange. Hence we can infer that litigant has the burden of pleading and prooving. In other words, there is a significant difference between “litigant having the burden of pleading and proof” and “the court having the obligation to conduct the inquisitorial investigation”.