Back霸凌案代號混淆 簡易庭誤判濫訴 台南地方法院撤銷原判發回重審
霸凌案代號混淆 簡易庭誤判濫訴 台南地方法院撤銷原判發回重審
Developing
自由时报16 hours agoLaw2 min readChinaView translation

霸凌案代號混淆 簡易庭誤判濫訴 台南地方法院撤銷原判發回重審

Quick Look

台南男童在校遭四名同學踢傷,母親以代號A、B、C、D起訴學生求償,但校方霸凌報告亦用同代號指代目擊證人。柳營簡易庭未開庭辯論,誤認母親告證人而裁罰濫訴3萬元。台南地方法院合議庭認為原審違反不告不理原則,構成訴外裁判,有重大瑕疵,廢棄原判發回重審。

AI-generated summary

Why It Matters

男童在校遭四名同學踢傷,母親以代號A、B、C、D起訴學生求償9萬2900元,但校方提供的霸凌調查報告亦使用A、B、C、D代稱目擊證人,導致代號混淆。

Font size

孩子在校園遭霸凌,家長提告,但校方不能提供個資,導致被告、證人代號都是「ABCD」,簡易庭分不清楚也沒開庭,擅自認為家長告證人,判濫訴罰3萬元,台南地方法院認定重大瑕疵,廢棄原判發回重審。

​男童的母親主張,孩子在校遭4名同學踢傷,校方因保護未成年學生,不能提供學生名單,她因此在起訴狀中以A、B、C、D代稱被告,求償9萬2900元。豈料,學校提供的霸凌調查報告中,剛好也使用A、B、C、D來代替「目擊證人」。

請繼續往下閱讀...

​柳營簡易庭審理時,沒開庭辯論,也沒讓家長解釋代號的機會,僅憑校方回函稱代號是目擊者,就認定母親告證人,更指控她惡意濫訴,判處3萬元罰鍰。

​母親上訴後,南院合議庭認為,母親訴狀已表明提告對象是踢傷孩子的學生,當學校提醒報告中的代號只是證人時,簡易庭法官應要確認身分,但原審未經辯論,做出「訴外裁判」。

民事訴訟中,有個很重要的觀念,法界俗稱「不告不理原則」,是依據民事訴訟法第388條規定。也就是說,法官只能根據原告在訴狀裡提出的「對象」和「要求」來審理,如果擅自改變或增加原告沒請求的事務,就被稱為「訴外裁判」。

回頭看這件霸凌案,母親是要告「踢人的學生」,並沒有要告「證人」,但簡易庭的法官卻擅自以家長要告證人,做出濫訴裁罰判決,違反民訟法規範。

​二審合議庭強調,原審的訴外判決有重大瑕疵,廢棄原判決,發回柳營簡易庭重新審理。

What to Watch

AI outlook — possibilities, not facts

  • 柳營簡易庭將在重審中重新審理案件,並需確認代號A、B、C、D的實際指向。

    Very likely · Within weeks

Open Questions

  • 學校是否故意使用相同代號造成混淆?
  • 簡易庭法官是否有過失或偏見?
  • 重審時如何避免代號誤認?

Related Topics

This article was originally published by 自由时报.

Related Stories

"Post-80s" Sun Ye was re-elected as president of the Shanghai People's Mediation Association: mediating more than 9,000 disputes in 20 years
Law·

"Post-80s" Sun Ye was re-elected as president of the Shanghai People's Mediation Association: mediating more than 9,000 disputes in 20 years

Sun Ye, a member of the "post-80s" China Democratic League, was recently re-elected as president of the Shanghai People's Mediation Association. As one of the youngest chief people's mediators in Shanghai, she has been involved in the frontline of mediation for 20 years and has mediated more than 9,000 disputes. She has actively participated in legislative proposals and promoted the construction and improvement of Shanghai's diversified conflict and dispute resolution mechanism.

中国新闻网
4 min read
A construction worker in Tainan died after falling from a scaffolding. The hospital determined that the two companies failed to implement safety inspections and awarded joint and several compensation.
Law·

A construction worker in Tainan died after falling from a scaffolding. The hospital determined that the two companies failed to implement safety inspections and awarded joint and several compensation.

A Tainan scaffolding worker surnamed Chen fell to his death at a construction site last year. His family accused the upstream manufacturer of lack of work safety. The Tainan District Court found that the construction company and the contractor failed to supervise the construction site and notify hazards, and that the workers themselves were 10% at fault. It ruled that the two companies must jointly and severally compensate their families NT$1,788,343. The entire case is subject to appeal.

自由时报
2 min read
A boy with developmental delays in Keelung was abandoned by his parents. The court announced the suspension of parental rights and appointed his grandma as guardian.
Developing·

A boy with developmental delays in Keelung was abandoned by his parents. The court announced the suspension of parental rights and appointed his grandma as guardian.

A boy with developmental delays in Keelung who was just over a month old was abandoned by his parents. His biological father went away for a long time and ignored him and failed to pay child support. His biological mother disappeared and he was raised by his grandmother. The grandmother applied to the court to declare the cessation of parental rights and change the guardianship. After hearing the case, the Keelung District Court ruled that the case was approved, finding that the parents were negligent and failed to fulfill their obligations of protection and upbringing, which was serious and in compliance with the provisions of the Child and Adolescent Welfare and Rights Protection Law and the Civil Code. It also confirmed that the grandmother was the first legal guardian and could directly apply for household registration.

自由时报
2 min read
The behavior of "solo customers" at Kinmen Shuitou Travel Center will be banned and violators will be fined up to NT$25,000.
Developing·

The behavior of "solo customers" at Kinmen Shuitou Travel Center will be banned and violators will be fined up to NT$25,000.

The Ministry of Transportation has announced an amendment to the Commercial Port Law. In response to the "single gang" behavior that occurs at Kinmen Shuitou Travel Center and other terminals, that is, soliciting or intermediary others to carry goods, forcing entanglements, piling items without permission or setting up stalls and other behaviors that affect order, it plans to add penalty provisions. Violators may be fined not less than NT$5,000 and not more than NT$25,000. The revised law still needs to be reviewed by the Executive Yuan and the Legislative Yuan.

自由时报
1 min read
More on this topic霸凌