當民眾因行政機關之處分導致權益受有損害而欲尋求救濟時，須先向行政機關提起「訴願」以後，若仍有不滿，才可以向行政法院提起「訴訟」。
訴願之提起，需於行政處分送達或公告期滿後30天內為之（訴願法第14條第1項）。其性質係供行政機關再次檢視行政處分之適當性，若行政機關確實發現有違法或不當，即可依職權迅速處理，以確保民眾權益。
但行政「訴訟」則係本於行政訴訟法第4條第1項之規定：「人民因中央或地方機關之「違法』行政處分，認為損害其權利或法律上之利益，經依訴願法提起訴顧而不服其決定，或提起訴願漁三個見不為決定，或延長訴願決定期闃逾二個月不為決定者，得向行政法院提起撤銷訴訟。」亦即是在民眾無法接受訴願結果，或訴願遲遲沒有結果的情況下，給予民眾向法院尋求外部救濟之機會。因此，為求糾紛處理之效率，民眾對行政分不滿者，應先提起「訴願」，如未提「訴願」而逕自提出行政「訴訟」者，法院會以訴訟要件不合法為由駁回，徒增民眾訴訟之勞費。
———————————
When someone's rights are harmed by a government decision, they must first file an administrative appeal with the relevant agency. If they are still not satisfied with the result of the appeal, then they can take the case to the Administrative Court by filing a lawsuit.
An administrative appeal shall be filed within 30 days since one day after the date which administrative action is served or the expiration date of its publication period (Article 14, Paragraph 1 of the Administrative Appeal Act). The purpose of an appeal is to give the government agency a chance to review its own decision. If the agency finds that the original decision was illegal or improper, it can correct the mistake on its own and take quick action to protect the person's right.
Administrative lawsuits are based on Article 4, Paragraph 1 of the Administrative Litigation Act, which states: "Anyone whose rights or legal interests were injured by a central or local government agency's unlawful administrative disposition is entitled to file a litigation of revocation with the administrative court, if the person has filed an administrative appeal in accordance with the Administrative Appeal Act and is not satisfied with the decision, or no decision has been made in response to the administrative appeal after a three-month period has elapsed, or after the period for rendering an administrative appeal decision has been extended for two months and such period has elapsed." In short, when a person is not satisfied with the outcome of an appeal, or if there's no response within a reasonable time, they are allowed to seek external legal relief through the courts. For the sake of efficiency, people must file an administrative appeal first before going to court. If someone skips the appeal process and directly files an administrative lawsuit, the court will reject the case for not meeting the legal requirements - resulting in wasted time and legal costs.
May 19, 2025