Enforcement Act of the Administrative Litigation Act Article 12
Where the cases referred to in Paragraph 1 of the preceding Article became final in accordance with the Administrative Litigation Act as it was before the amendment took effect on February 5, 2015, if a party to the litigation initiates a litigation for rehearing, the litigation shall be handled in accordance with the following provisions:1. Where the litigation for rehearing is initiated against a final judgment rendered by a High Administrative Court, or the litigation is initiated against a judgment rendered by the Supreme Administrative Court on the grounds stipulated in Paragraph 1, Subparagraphs 9 to 14, of Article 273 of the Administrative Litigation Act, the case shall be adjudicated by a district administrative court in accordance with the amended Administrative Litigation Act.2. Where the litigation for a rehearing is initiated against a first-instance or second-instance judgement rendered by a High Administrative Court and the Supreme Administrative Court, or where the litigation for a rehearing is initiated against a Supreme Administrative Court Judgment on grounds other than those set out in Subparagraphs 9 to 14 of Paragraph 1 of Article 273, the case shall be adjudicated by the Supreme Administrative Court in accordance with the Administrative Litigation Act as it was before its amendment taking effect on February 5, 2015. If necessary, the case may be transferred to a district administrative court with jurisdiction and be adjudicated in accordance with the amended Administrative Litigation Act.In the circumstances provided for in Subparagraph 1 of the preceding Paragraph, the High Administrative Court shall, by a ruling, transfer a rehearing case provided for in Paragraph 1 of preceding article and pending at it to a district administrative court with jurisdiction.The preceding two paragraphs shall apply mutatis mutandis to applications for rehearing against rulings.
中文原文 行政訴訟法施行法第12條
修正行政訴訟法施行前,已繫屬於高等行政法院之假扣押、假處分、保全證據之聲請及其強制執行事件,於修正行政訴訟法施行後尚未終結者,由原法院依舊法之規定辦理。
前項裁定之抗告及修正行政訴訟法施行前已終結之假扣押、假處分、保全證據事件之抗告,適用舊法之規定。
於修正行政訴訟法施行前已提起抗告者,亦同。
修正行政訴訟法施行前已准許之假扣押、假處分之裁定,其聲請撤銷,向原裁定法院為之。
前項裁定之抗告及修正行政訴訟法施行前已終結之假扣押、假處分、保全證據事件之抗告,適用舊法之規定。
於修正行政訴訟法施行前已提起抗告者,亦同。
修正行政訴訟法施行前已准許之假扣押、假處分之裁定,其聲請撤銷,向原裁定法院為之。