Modern Period Law of Taiwan

1 modern period

1.1 transition of legal systems, 1945–49
1.2 martial law state, 1949–87
1.3 democratization of law, 1987–present
1.4 government

1.4.1 president
1.4.2 executive yuan
1.4.3 legislative yuan
1.4.4 judicial yuan
1.4.5 examination yuan
1.4.6 control yuan


1.5 justice system

1.5.1 court system

1.5.1.1 district courts
1.5.1.2 high courts
1.5.1.3 supreme court
1.5.1.4 administrative courts
1.5.1.5 specialized courts


1.5.2 judges
1.5.3 council of grand justices or justices of constitutional court
1.5.4 prosecutors


1.6 sources of law - precedents
1.7 constitution , human rights

1.7.1 preamble of constitution
1.7.2 basic rights guaranteed constitution
1.7.3 legal relations between taiwan , mainland china under constitution
1.7.4 referendum


1.8 administrative law

1.8.1 principles
1.8.2 transparency


1.9 civil code

1.9.1 general principles
1.9.2 contracts
1.9.3 torts


1.10 civil procedure
1.11 intellectual property laws

1.11.1 copyright law
1.11.2 trademark law
1.11.3 patent


1.12 criminal procedure

modern period
the transition of legal systems, 1945–49

the roc legal system took effect in taiwan on october 25, 1945, after japanese laws repealed on october 25, 1946.

martial law state, 1949–87

the kmt-headed roc central government moved taiwan in december 1949 followed large number of mainlanders accounted 13 percent of taiwan’s entire population. on, taiwan , mainland china have had own distinct legal systems. “statute agriculture, mining, industry , commerce during extraordinary period” (1938) , temporary provisions effective during period of general national mobilization suppression of communist rebellion (1942) gave authorities power control resources, establish political control on freedom of news, speech, press, communication, assembly , association during wartime.

democratization of law, 1987–present

the kmt terminated martial law in 1987 , period of national mobilization officially came end on may 1, 1991. various constraints of constitution lifted, legal reforms proceeded rapidly, along continued incorporation of western legal concepts being integrated roc law.

government
president

articles 35–52 of constitution of republic of china , article 2 of additional articles of constitution of republic of china state president shall directly elected entire populace of free area of republic of china, , may hold office no more 2 consecutive four-year terms (article 2 of additional articles). president represents country in foreign relations (article 35). president has command of armed forces (article 36); promulgates laws , mandates (article 37); may make declaration of martial law approval of, or subject confirmation by, legislative yuan (article 39); may appoint , remove civil servants , military officers (article 41); may confer honors , decorations (article 42); may grant amnesties , pardons, remission of sentences, , restitution of civil rights (article 40); conclude treaties , declarations of war , cease-fire (article 38). according additional articles of constitution of republic of china, president may issue emergency orders , take necessary measures avert imminent danger affecting security of state or of people or cope serious financial or economic crisis. president may declare dissolution of legislative yuan after consulting president.

the executive yuan

articles 53–61 of constitution of republic of china , article 3 of additional articles of constitution of republic of china state executive yuan shall highest administrative organ of state (article 53), , have president (usually referred premier), vice president (vice premier), number of ministers , chairpersons of commissions or councils, , several ministers without portfolio (article 54). premier appointed president of republic consent of legislative yuan (article 55). vice premier, ministers, , chairpersons appointed president on recommendation of premier (article 56).

the legislative yuan

articles 62–76 of constitution of republic of china , article 4 of additional articles of constitution of republic of china state legislative yuan shall highest legislative organ of country, , exercises legislative power on behalf of people (article 62). beginning seventh legislative yuan, legislative yuan shall have 113 members (additional article 4). members of legislative yuan shall serve term of 4 years, renewable after re-election (additional article 4). according article 4 of additional articles of constitution of republic of china, distribution of legislative seats follows: (1) seventy-three members shall elected special municipalities, counties, , cities in free area. @ least 1 member shall elected each county or city. members seats shall elected in proportion population of each special municipality, county, or city, shall divided electoral constituencies equal in number members elected; (2) 3 members each shall elected among lowland , highland aborigines in free area; (3) total of 34 members shall elected nationwide constituency , among citizens residing abroad. legislative yuan has president , vice president, elected , among members (article 66).

the functions of legislative yuan are: decide resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, , other important affairs of state (article 63); propose amend constitution (article 12 of additional articles), change nation s territorial boundaries (article 2 of additional articles), or impeach president or vice president (article 2 of additional articles).

the judicial yuan

articles 77–82 of constitution , article 5 of additional articles of constitution state judicial yuan shall highest judicial organ of state (article 77). judicial yuan in charge of courts @ levels, administrative court, , committee on discipline of public functionaries. responsible adjudication of civil, criminal, , administrative cases, discipline of civil servants (article 77).

the judicial yuan shall have 15 grand justices (additional article 5). 15 grand justices, including president , vice president of judicial yuan selected amongst them, shall nominated and, consent of legislative yuan, appointed president of republic. each grand justice of judicial yuan shall serve term of 8 years , shall not serve consecutive term (additional article 5). grand justices interpret constitution , unify interpretation of laws , orders (article 78). form constitutional tribunal adjudicate matters relating impeachment of president or vice president, , dissolution of political parties violating constitutional provisions (additional article 5).

the examination yuan

articles 83–89 of constitution of republic of china , article 6 of additional articles of constitution of republic of china state examination yuan shall have charge of matters relating examination, employment, , management of civil servants of state (article 83). examination yuan oversees examination-related matters such qualification screening, tenure, pecuniary aid in case of death, , retirement of civil servants, legal matters pertaining employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, , rewards civil servants (additional article 6). *some articles amended or cease apply

the control yuan

articles 90–106* of constitution of republic of china , article 7 of additional articles of constitution of republic of china state control yuan shall exercise powers of impeachment, censure, , audit (additional article 7). has 29 members, including president , vice president, of whom shall serve term of 6 years , nominated , appointed president of roc consent of legislative yuan (additional article 7). control yuan has ministry of audit, headed auditor-general nominated , appointed, consent of legislative yuan, president of republic six-year term (article 104). *some articles amended or cease apply

justice system
court system

distinction made between common court , administrative court. common court in charge of civil , criminal cases, while administrative court in charge of administrative cases. there therefore 2 supreme court: normal supreme court, , administrative supreme court.

district courts

there 21 district courts in taiwan. 19 of them located in main island of formosa: district court of taipei, new taipei, shihlin, taoyuan, hsinchu, miaoli, taichung, nantou, changhua, yunlin, chaiyi, tainan, kaohsiung, pingtung, taitung, hualien, yilan, keelung, penghu; , 2 located in fuchien: kinmen , lienchiang.

each district court may establish 1 or more summary divisions adjudication of cases suitable summary judgments. civil summary procedure amount or value of object of not more nt$300,000 , other simple legal disputes. currently, there total of forty-five such divisions in taiwan.

each of district courts has civil, criminal , summary divisions , may establish specialized divisions handle cases involving juveniles, family, traffic, , labor matters motions set aside rulings on violations of statute maintenance of social order. each division has division chief judge supervises , assigns business of division. each district court has public defenders office , probation officers office.

a single judge hears , decides cases in ordinary , summary proceedings in small claims cases. panel of 3 judges decides cases of great importance in ordinary proceedings appeals or interlocutory appeals summary , small claims proceedings. criminal cases decided panel of 3 judges, exception of summary proceedings may held single judge. juvenile court hears , decides cases involving juveniles.

high courts

there 2 high courts in republic of china, taiwan high court (臺灣高等法院) , fuchien high court (福建高等法院). taiwan high court has 4 branches in taichung, tainan, kaohsiung, , hualien. fuchien high court not established, except branch in kinmen, in effect kinmen branch directly subordinate judicial yuan.

the high courts , high court branches exercise jurisdiction on following cases:

1. appeals judgments of district courts or branches courts of first instance in ordinary proceedings of civil , criminal cases; 2. interlocutory appeals rulings of district courts or branches in ordinary proceedings; 3. first instance criminal cases relating rebellion, treason, , offenses against friendly relations foreign states; 4. military appellate cases judgments imprisonment definite period rendered high military courts , branches; , 5. other cases prescribed law.

each high court or high court branch has jurisdiction on following district courts:

taiwan high court: taipei, shihlin, new taipei, yilan, taoyuan, hsinchu
taiwan high court, taichung branch: miaoli, taichung, nantou, changhua
taiwan high court, tainan branch: yunlin, chiayi, tainan
taiwan high court, kaohsiung branch: kaohsiung, pingtung, penghu, kaohsiung juvenile court
taiwan high court, hualien branch: hualien, taichung
fuchien high court, kinmen branch: kinmen, lienchiang

though taiwan high court has administrative oversight on 4 branches, not have appellate jurisdiction on them. instead, taiwan high court , 4 branches have appellate jurisdiction on separate sets of district courts, listed above.

the high courts , branch courts divided civil, criminal , specialized divisions. each division composed of 1 division chief judge , 2 associate judges. additionally, high court , branch courts have clerical bureau, headed chief clerk assists president administrative affairs.

cases before high courts or branch courts heard , decided panel of 3 judges. however, 1 of judges may conduct preparatory proceedings.

the court has 7 civil courts, each of has 1 presiding judge , 3 judges handle civil appeals of second instance , counter-appeal cases under system of collegial panels, not deal simple litigation. court has eleven criminal courts, each of has 1 presiding judge , 2 or 3 judges handle criminal appeals of second instance , counter-appeal cases under system of collegial panels litigation of first instance concerning civil strife, foreign aggression or violation of foreign relations. based on various needs, court manages several professional courts such professional court of fair trade cases, family professional court, professional court of international trade, maritime professional court, professional court of state compensation, professional court of anti-corruption, professional court of intellectual property rights, professional court of juvenile delinquency, professional court of serious criminal cases, professional court of public security, professional court of fair trade act, professional court of sexual harassment, etc.

supreme court

the supreme court located in taipei. court court of last resort civil , criminal cases. except civil cases involving amounts not exceeding nt $1,500,000 , petty offences enumerated in article 376 of code of criminal procedure, civil or criminal case may appealed court. court exercises jurisdiction on following cases:

1. appeals judgments of high courts or branches courts of first instance in criminal cases; 2. appeals judgments of high courts or branches courts of second instance in civil , criminal cases; 3. appeals rulings of high courts or branches; 4. appeals judgments or rulings rendered civil court of second instance summary procedure, amounts in controversy exceeding nt $1,500,000, , permission granted in accordance specified provisions; 5. civil , criminal retrials within jurisdiction of court of third instance; 6. extraordinary appeals; or 7. other case specified laws.

administrative courts

the current administrative litigation system adopts 2 level 2 instance system litigation procedure. administrative courts classified high administrative court, court of first instance, , supreme administrative court, appellate court. first instance of high administrative court trial of facts. supreme administrative court appellate court.

specialized courts

the taiwan kaohsiung juvenile court (臺灣高雄少年法院), established in accordance law governing disposition of juvenile cases, handles juvenile cases otherwise handled taiwan kaohsiung district court. other district courts not have division. appeals kaohsiung district court, appeals juvenile court heard taiwan high court, kaohsiung branch.

the intellectual property court (智慧財產法院), located in taipei, established on july 1, 2008, has jurisdiction on intellectual property cases. hears:

judges

article 80 of constitution states judges shall above partisanship , shall, in accordance law, hold trials independently, free interference. furthermore, article 81 states judges shall hold office life. no judge shall removed office unless has been guilty of criminal offense or subjected disciplinary measure, or declared under interdiction. no judge shall, except in accordance law, suspended or transferred or have salary reduced. judges shall appointed persons have passed examination of judicial officials, completed training course judicial officials , possessed distinguished records after term of practice.

council of grand justices or justices of constitutional court

the justices of constitutional court shall provide rulings on following 4 categories of cases: 1. interpretation of constitution; 2. uniform interpretation of statutes , regulations; 3. impeachment of president , vice president of republic of china; , 4. declaring dissolution of political parties in violation of constitution.

prosecutors

according law governing organization of court, prosecutors’ offices form part of court @ same level of trial: supreme court has prosecutors’ office number of prosecutors, of whom 1 appointed prosecutor-general; each of other high courts or district courts had own prosecutors’ office number of prosecutors, of whom 1 appointed chief prosecutor. according law governing organization of court , statute governing judicial personnel administration, qualifications of prosecutors identical of judges. both of them possess status of judicial officials. prosecutors shall appointed persons have passed examination of judicial officials, completed training course judicial officials , possessed distinguished records after term of practice.

sources of law - precedents

precedents have different legal effect in united states or other anglo-american legal systems, see article 80 of constitution. supreme court decisions may go through screening process , selected precedent, bearing significant meaning future cases.

the constitution , human rights

the roc constitution adopted on december 25, 1946, national assembly convened in nanjing. promulgated national government on january 1, 1947, , put effect on december 25 of same year. in addition preamble, constitution comprises 175 articles in 14 chapters. in essence constitution embodies ideal of sovereignty of people, guarantees human rights , freedoms, provides central government 5 branches , local self-government system, ensures balanced division of powers between central , local governments, , stipulates fundamental national policies.

the preamble of constitution

the national assembly of republic of china, virtue of mandate received whole body of citizens, in accordance teachings bequeathed dr. sun yat-sen in founding republic of china, , in order consolidate authority of state, safeguard rights of people, ensure social tranquility, , promote welfare of people, hereby establish constitution, promulgated throughout country faithful , perpetual observance all.

some basic rights guaranteed constitution

the constitution states republic of china, founded on 3 principles of people, shall democratic republic of people, governed people , people , sovereignty of republic of china shall reside in whole body of citizens (articles 1–2).

the constitution states people shall have freedom of residence , of change of residence, freedom of speech, teaching, writing , publication, freedom of privacy of correspondence, freedom of religious belief, , freedom of assembly , association (articles 10–14). constitution further states people shall have right of existence, right work , right of property, right of presenting petitions, lodging complaints, or instituting legal proceedings, right of election, recall, initiative , referendum, , right of taking public examinations , of holding public offices (articles 15–18). people shall have duty of paying taxes in accordance law, duty of performing military service in accordance law, , have right , duty of receiving citizens education (articles 19–21).

the legal relations between taiwan , mainland china under constitution

article 11 of additional articles of constitution of republic of china states rights , obligations between people of chinese mainland area , of free area, , disposition of other related affairs may specified law.

referendum

article 1 of additional articles of constitution of republic of china states electors of free area of republic of china shall cast ballots @ referendum within 3 months of expiration of six-month period following public announcement of proposal passed legislative yuan on amendment of constitution or alteration of national territory.

administrative law
the principles

the administrative procedure act enacted ensure administrative acts carried out in pursuance of fair, open , democratic process based on principle of administration law protect rights , interest of people, enhance administrative efficiency , further people s reliance on administration. administrative procedure means procedure followed administrative authorities in performing such acts rendering administrative dispositions, entering administrative contracts, establishing legal orders , administrative rules, deciding on administrative plans, employing administrative guidance , dealing petitions. administrative authority organization representing state, local self-governing body or other subject of administration independent legal status, in declaration of intention , carrying on public affairs. individual or entity commissioned exercise public authority shall deemed administrative authority within scope of commission (articles 1–2).

transparency

all information held or kept in custody administrative authority shall in principle made public may restricted in exceptional cases, , disclosure of , restrictions on information shall, unless herein prescribed, separately provided law (article 44).

civil code

the civil code basic law private relations between persons. divided 5 parts:

part i: general principles part ii: debts part iii: property part iv: family part v: succession

general principles

the civil code states if there no applicable act civil case, case shall decided according customs. if there no such custom, case shall decided according jurisprudence. legal capacity of person commences moment of live birth , terminates @ death. maturity attained upon reaching twentieth year of age, , minor, has not reached seventh year of age, has no capacity make juridical acts. minor on 7 years of age has limited capacity make juridical acts. married minor has capacity make juridical acts. juridical person established according code or other acts. juridical act against public policy or morals void.

contracts

the expression of intent of person has no capacity make juridical acts void. expression void made person who, though not without capacity make juridical acts, in condition of unconsciousness or mental disorder. person has no capacity make juridical acts shall represented guardian making or receiving expression of intent. making or receiving of expression of intent of person limited in capacity make juridical acts must approved guardian, except when expression of intent relates pure acquisition of legal advantage, or necessaries of life according age , status. unilateral act made person limited in capacity make juridical acts without approval of guardian void. contract made person limited in capacity make juridical acts without approval of guardian valid upon acknowledgement of guardian. before acknowledgement of contract made person limited in capacity make juridical acts, other party contract may withdraw it, except knew approval of guardian had not been given, when contract made.

an expression of intent agent makes in name of principal within scope of delegated power takes effect directly principal. if expression of intent required made principal made agent, provision of preceding paragraph shall mutatis mutandis applied.

an expression of intent inter presents becomes effective @ moment when person whom made understands well. expression of intent inter absents becomes effective @ moment when notification of expression reaches such other party, except when withdrawal of notification or simultaneously reaches such other party. fact after notification of expression expresser dies, or becomes unable make juridical acts, or limited in capacity make juridical acts, shall not null expression of intent. in interpretation of expression of intent, real intention of parties must sought rather literal meaning of words. person offers make contract shall bound offer except @ time of offer has excluded obligation or except may presumed circumstances or nature of affair did not intend bound. exposing goods sale selling price shall deemed offer. however, sending of pricelists not deemed offer. offer ceases binding if refused. offer made inter presentes ceases binding if not accepted @ once.an acceptance arrives late, except under circumstances in preceding article, shall deemed new offer.

an acceptance amplifications, limitations or other alterations shall deemed refusal of original offer , making of new offer. in cases according customs or owing nature of affair, notice of acceptance not necessary, contract shall constituted when, within reasonable time, there fact, may considered acceptance of offer. if notice of withdrawing offer arrives after arrival of offer itself, though should arrive before or simultaneously arrival of offer within reasonable time transmitting manner, , might known other party, other party notified should notify offerer of such delay.

when parties have reciprocally declared concordant intent, either expressly or impliedly, contract shall constituted. if parties agree on essential elements of contract have expressed no intent non-essential elements, contract shall presumed constituted. in absence of agreement on above-mentioned non-essential elements, court shall decide them according nature of affair. when 1 of parties contract receives earnest money other, contract presumed constituted.

the debtor shall responsible acts, whether intentional or negligent. extent of responsibility 1 s negligence varies particular nature of affair; such responsibility shall lessened, if affair not intended procure interests debtor. if there change of circumstances not predictable after constitution of contract, , if performance of original obligation arising therefrom become unfair, party may apply court increasing or reducing payment, or altering original obligation. if according nature of contract or expression of intent of parties, purpose of contract can not accomplished if not performed within fixed period, , if 1 of parties not perform contract within period, other party may rescind contract without giving notice specified in preceding article. unless otherwise provided act or contract, person bound make compensation injury shall restore injured party status quo before injury. if restoration of status quo ante shall paid in money, interest shall added time of injury.

torts

if person has wrongfully damaged body, health, reputation, liberty, credit, privacy or chastity of another, or s personality in severe way, injured person may claim reasonable compensation in money if such injury not purely pecuniary loss. if reputation has been damaged, injured person may claim taking of proper measures rehabilitation of reputation. person who, intentionally or negligently, has wrongfully damaged rights of bound compensate him injury arising therefrom. same rule shall applied when injury done intentionally in manner against rules of morals. person, violates statutory provision enacted protection of others , therefore prejudice others, bound compensate injury, except no negligence in act can proved. if several persons have wrongfully damaged rights of jointly, jointly liable injury arising therefrom. same rule shall applied if 1 has caused injury cannot sure. instigators , accomplices deemed joint tortfeasors.

an official, has intentionally committed breach of duty ought exercise in favor of third party , therefore prejudice such third party, liable injury arising therefrom. if breach result of official s negligence, may held liable compensate in far injured person unable obtain compensation other means. in case mentioned in preceding sentence, if injured person may obviate injury making use of legal remedy has intentionally or negligently omitted make use of it, official shall not liable compensate injury.

a person of no capacity or limited in capacity make juridical acts, has wrongfully damaged rights of another, shall jointly liable guardian injury arising therefrom if capable of discernment @ time of committing such act. if incapable of discernment @ time of committing act, guardian alone shall liable such injury. in case of preceding sentence, guardian not liable if there no negligence in duty of supervision, or if injury have been occasioned notwithstanding exercise of reasonable supervision. if compensation cannot obtained according provisions of preceding 2 sentences, court may, on application of injured person, take financial conditions among tortfeasors, guardian , injured person consideration, , order tortfeasors or guardian compensate part or whole of injury.

the employer shall jointly liable make compensation injury employee has wrongfully caused rights of in performance of duties. however, employer not liable injury if has exercised reasonable care in selection of employee, , in supervision of performance of duties, or if injury have been occasioned notwithstanding exercise of such reasonable care. if compensation cannot obtained according provision of preceding sentence, court may, on application of injured person, take financial conditions of employer , injured person consideration, , order employer compensate part or whole of injury. employer has made compensation specified in preceding sentence may claim reimbursement against employee committed wrongful act.

if injury caused animal, possessor bound compensate injured person injury arising therefrom, unless reasonable care in keeping according species , nature of animal has been exercised, or unless injury have been occasioned notwithstanding exercise of such reasonable care. possessor may claim reimbursement against third party, has excited or provoked animal, or against possessor of animal has caused excitement or provocation.

the injury, caused building or other work on privately owned land, shall compensated owner of such building or work, unless there no defective construction or insufficient maintenance in such building or work, or injury not caused defectiveness or insufficiency, or owner has exercised reasonable care prevent such injury. in case of preceding sentence, if there person shall responsible injury, owner making compensation may make claim reimbursement against such person.

the manufacturer liable injury arising common use or consumption of merchandise, unless there no defectiveness in production, manufacture, process, or design of merchandise, or injury not caused defectiveness, or manufacturer has exercised reasonable care prevent injury. manufacturer mentioned in preceding sentence person produces, manufactures, or processes merchandise. those, attach merchandise service mark, or other characters, signs extent enough show produced, manufactured, or processed them, shall deemed manufacturer. if production, manufacture, process, or design of merchandise inconsistent contents of manual or advertisement, deemed defective. importer shall liable injury manufacturer.

if automobile, motorcycle or other motor vehicles need not driven on tracks in use has caused injury another, driver shall liable injury arising therefrom, unless has exercised reasonable care prevent injury.

the person, runs particular business or other work or activity, shall liable injury if nature of work or activity, or implement or manner used might damage another. except injury not caused work or activity, or implement or manner used, or has exercised reasonable care prevent injury.

unless otherwise provided act or contract, compensation shall limited injury suffered , interests have been lost. interests have been expected deemed interests have been lost, according ordinary course of things, decided projects, equipment, or other particular circumstances. person has wrongfully caused death of shall bound make compensation injury person incurring medical expenses, increasing need in living, or incurring funeral expenses. if deceased statutorily bound furnish maintenance third party, tortfeasor shall make compensation such third party injury arising therefrom. in case of death caused wrongful act, father, mother, sons, daughters , spouse of deceased may claim reasonable compensation in money if such injury not purely pecuniary loss.

civil procedure

the civil procedure law has origin in draft of civil code of qing empire (大清民事訴訟律草案), drafted japanese judge yoshimasa matsuoka (松岡義正, 1870-1939). in era of republic of china, peking government has own code of civil procedure (民事訴訟條例）, drafted on basis of draft of qing empire, modification made chinese scholars studied in japan. result, civil procedure law in formosa (taiwan) mixture of japanese law , german law. of provisions has origin in german zivilprozessordnung.

a defendant may sued in court place of defendant s domicile or, when court cannot exercise jurisdiction, in court place of defendant s residence. defendant may sued in court place of defendant s residence claim arising transactions or occurrences taking place within jurisdiction of court. defendant has no place of domicile in r.o.c., or defendant s place of domicile unknown, defendant s place of residence in r.o.c. shall deemed defendant s place of domicile. defendant has no place of residence in r.o.c. , defendant s place of residence unknown, defendant s last place of domicile in r.o.c. shall deemed defendant s place of domicile. r.o.c. citizen located in foreign nation , enjoys immunity jurisdiction of such foreign nation, , when he/she cannot sued in court in accordance provisions of 2 preceding paragraphs, place central government located shall deemed place of domicile of such citizen.

the fundamental goal of civil trials solve disputes on private rights protect these rights. civil litigation based on adversary system. presiding judge directs proceedings , exercises right of elucidation allow parties concerned make proper , sufficient debates. furthermore, judge examines evidence in detail , makes fair decisions. meanwhile, court shall try, possible means, expand function of compromises , reconciliation reduce sources of litigation.

the court has number of civil divisions deal civil cases related disputes on private rights or specified in other special laws or ordinances, non-contentious matters.

cases involving controversies on marriage, parent-children relations, declaration of death, interdiction, , non-contentious matters including property management, inheritance, adoption, , acknowledgement of children, handled family division.

only attorney may act advocate, except presiding judge permits person not attorney act advocate. presiding judge may ruling, @ time revoke permission provided in preceding paragraph. notification of such revocation shall served upon principal of retention. judicial yuan shall prescribe regulations governing permission of person not attorney act advocate.

a party bears burden of proof regard facts he/she alleges in his/her favor, except either law provides otherwise or circumstances render manifestly unfair.

intellectual property laws
copyright law

for purposes of copyright act, works shall include following:

1. oral , literary works. 2. musical works. 3. dramatic , choreographic works. 4. artistic works. 5. photographic works. 6. pictorial , graphical works. 7. audiovisual works. 8. sound recordings. 9. architectural works. 10. computer programs.

the examples , content of each category of works set forth in preceding paragraph shall prescribed competent authority.

protection copyright has been obtained in accordance act shall extend expression of work in question, , shall not extend work s underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.

except otherwise provided in act, economic rights endure life of author , fifty years after author s death.

trademark law

a trademark may composed of word, design, symbol, color, sound, three-dimensional shape or combination thereof. trademark defined above shall distinctive enough relevant consumers of goods or services recognize identification goods or services , differentiate such goods or services offered others.

since publication date of registered trademark, trademark rights remaining term of ten years shall bestowed upon right holder.

patent

the term patent referred in act classified following 3 categories:

1. invention patents; 2. utility model patents; , 3. design patents.

the duration of utility model patent right shall ten (10) years filing date of patent application.

the duration of design patent right shall twelve (12) years filing date of patent application.

criminal procedure

in criminal trials, major purposes discover facts, punish criminals, acquit innocent, safeguard human rights, , ensure proper execution of state s penalty power. when public prosecutors initiate public prosecutions on behalf of state, or when victims file private prosecutions, criminal division proceeds open , fair trials in accordance principle of no crime , punishment without law, , facts decided evidence. in cases minimum punishment not less 3 years of imprisonment or accused financially unable retain lawyer, court offers public defenders protect rights , interests of accused.

criminal proceedings may not initiated , punishment may not imposed other in conformity procedure specified in code or in other laws.

crimes committed military personnel in active service, except military offenses subject court-martial, shall prosecuted , punished in accordance code.

where criminal proceedings of case conducted pursuant special laws owing limitation of time or region , no final judgment has yet been rendered thereon, upon elimination of said limitation, case shall prosecuted , punished in accordance code.

a summons shall issued appearance of accused.

a summons shall contain following matters: (1) full name, sex, age, native place , domicile or residence of accused; (2) offense charged; (3) date, time, , place appearance; (4) warrant of arrest may ordered if there failure appear without reason.

if name of accused unknown or other circumstances make necessary, special identifying marks or characteristics must included; if age, native place, domicile or residence of accused unknown, not need included.

a summons shall signed public prosecutor during stage of investigation or presiding or commissioned judge during stage of trial.

prior final conviction through trial, accused presumed innocent.

the facts of offense shall established evidence. facts of offense shall not established in absence of evidence.

the public prosecutor shall bear burden of proof facts of crime charged against accused, , shall indicate method of proof.

prior first trial date, if appears court method of proof indicated public prosecutor insufficient establish possibility accused guilty, court shall, ruling, notify public prosecutor make within specified time period; if additional evidence not presented within specified time period, court may dismiss prosecution ruling.

once ruling on dismissing prosecution becomes final, no prosecution can initiated same case, unless 1 of circumstances specified in items of article 260 exists.

judgment of case not established shall pronounced if prosecution has been re-initiated in violation of provision of preceding paragraph.

after witness, or expert witness, subpoenaed because of motion of party, agent, defense attorney, or assistant, has been examined presiding judge identity, party, agent, or defense attorney shall examine these persons; if accused, not represented defense attorney, not want examine these persons, court shall still provide him appropriate opportunities question these persons.

the examination of witness or expert witness shall in following order: (1) party, agent, or defense attorney calling witness or expert witness shall direct examination first; (2) followed opposing party s, agent s or defense attorney s cross examination; (3) then, party, agent, or defense attorney calling witness or expert witness shall redirect examination; (4) finally, opposing party, agent or defense attorney shall make recross examination.

after completing examination specified in preceding section, party, agent, or defense attorney may, court s approval, examine witness or expert witness again.

after examined party, agent, or defense attorney, witness or expert witness may examined presiding judge.

if 1 , same accused or private prosecutor represented 2 or more agents or defense attorneys, said agents or defense attorneys shall choose 1 of them examine 1 , same witness or expert witness, unless otherwise permitted presiding judge.

if witness or expert witness called both parties, order of doing direct examination shall decided both parties agreement; if can not decided such agreement, presiding judge shall determine it.