It has been long that the re-judging system has been carried out in the practice of hearing of our civil service case. However, after the Civil Service Protection Act and Administration Procedure Act were successively promulgated for enforcement, the existing functions of the re-judging system came to be overlapping with the re-hearing and re-proceeding as provided for in the said two Acts. Nevertheless, under the consideration of need in practice, the re-judging system is retained and there concurrently exist the dual systems of re-hearing and re-judging and, as a matter of fact, the provision regarding re-proceeding is excluded from application. It forms a special condition in the personnel administrative procedure and remedy.
Nowadays when the legal system of administration is developing, the re-judging system shall have its legal basis and be reviewed and reestablished under the principle of ruling by law, instead of retaining the original system by reason of need in practice. As such, this article, in addition to discussing on the regulations and practical operation about re-judging system, is primarily to probe into the doubt in the legal applicability arising from the existing re-judging system. Also, a review will be made on the need of sustenance and possible development of such system so that it can serve as a reference for the future law amendment.