Justice System Law of Taiwan

1 justice system

1.1 court system

1.1.1 district courts
1.1.2 high courts
1.1.3 supreme court
1.1.4 administrative courts
1.1.5 specialized courts


1.2 judges
1.3 council of grand justices or justices of constitutional court
1.4 prosecutors

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.