萬國法律事務所

The Legislation Yuan has passed the amendment to the Administrative Procedure Act, which is expected to facilitate administrative litigation, to protect the interest of the people and to improve the efficiency of the judicial system.

In order to facilitate administrative litigation, the amended Administrative Procedure Act grants jurisdiction to the court of the plaintiff’s residence over matters relating to labor insurance, national health insurance, civil servant insurance and employment disputes between civil servants and the government.

In addition, in the event of overpayment of court fees by the plaintiff, the amended Administrative Procedure Act requires the court to actively refund the excess amount to the plaintiff.

With respect to the protection of the people’s defense rights, the amended Administrative Procedure Act further provides that, among other things, the service of court documents will only take effect 10 days after such documents are served. Moreover, in order to improve the efficiency of the judicial system and to protect the interest of the people, under the amended Administrative Procedure Act, judges may determine, at their discretion, the amount of damages in the case where the plaintiff can only prove the existence of the injury but cannot measure the damages.