◎原標題：法學英文選讀（8）訴訟權導讀2：訴訟權（The Right of Instituting Legal Proceedings；The Right of Legal Actions）之憲法保障內涵（Guaranteed under Article 16 of the Constitution）（註＊奇摩的標題限制100字。）
憲法第16條規定：『人民有請願、訴願及訴訟之權。』其中關於訴訟權（The Right of Instituting Legal Proceedings；The Right of Legal Actions），如以憲法保障內涵（Guaranteed under Article 16 of the Constitution），由廣義司法之效力及司法之實質拘束效力以觀，自應包含：向法院提起訴訟，以及涉及司法效力之法律活動或司法行動（Legal Actions）（例如：非訟事件之公證；訴外之仲裁）。以下謹然就訴訟權之憲法保障面向，引用大法官會議解釋591號之內容，提供大家略為參考。
J. Y. Interpretation No.591 (excerpts from the No.591)
The right of instituting legal proceedings as guaranteed under Article 16 of the Constitution is aimed to ensure that when the people's rights are infringed, they may institute legal proceedings pursuant to procedures set by the law, and shall be entitled to fair trials. In respect of the procedures to be followed and the relevant requirements, however, the legislature may set forth reasonable and equitable rules after weighing such various factors as the type and nature of cases, the functions of a litigation system, as well as the statutory means to resolve a dispute out of court. As long as the relevant provisions tally with the aforesaid intentions and are necessary, they are not contrary to the constitutional intent to guarantee the right of instituting legal proceedings.
The types of civil disputes have tended to become more and more diverse as the social and economic circumstances have constantly changed. In order to determine the relative duties of disputing parties and thus to resolve disputes, the State has established such mechanisms as arbitration and other non-litigious means in addition to the litigation systems. Under the doctrine of national sovereignty and the constitutional guarantee of the people ’ s fundamental rights, the people should assume principal roles in the procedure so as to enjoy the rights of procedural disposition and procedure option whereby they are enabled to choose through mutual agreement to resolve a dispute by means of litigation or any other statutorily prescribed non-litigious dispute resolution procedure to the extent that public interests are not contravened since they are the subjects of rights under private law. Arbitration is a system under which the parties, accordingto the law and based on the principle of freedom of contract, choose through mutual agreement to resolve a dispute via non-litigious means. The system has the dual effects of both procedural and substantive laws and possesses the quality of autonomous resolution of disputes arising from private causes,which is acknowledged by the Constitution.
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