Judicial Yuan
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Judicial Yuan
Judicial Yuan
(Constitutional Court)

S?f? Yuàn (Mandarin)
Su-hoat (Taiwanese)
S-fap Yen (Hakka)
ROC Judicial Yuan Logo.svg
Judicial Yuan Building 20060521.jpg
The Judicial Building houses the Constitutional Court
Established1947
LocationZhongzheng, Taipei
Coordinates25°02?16?N 121°30?44?E / 25.0379°N 121.5121°E / 25.0379; 121.5121Coordinates: 25°02?16?N 121°30?44?E / 25.0379°N 121.5121°E / 25.0379; 121.5121
Composition methodNominated by the President of the Republic and approved by Legislative Yuan
Authorized byAdditional Articles and original Constitution of the Republic of China
Judge term length8 years
Number of positions15
Websitewww.judicial.gov.tw
President and Chief Justice
CurrentlyHsu Tzong-li
SinceNovember 1, 2016
Vice President and Justice
CurrentlyTsai Jeong-duen
SinceNovember 1, 2016
Judicial Yuan
Chinese

The Judicial Yuan (Chinese: ; pinyin: S?f? Yuàn; Pe?h-?e-j?: Su-hoat ) is the judicial branch of the government of the Republic of China on Taiwan.[1][2] It runs a Constitutional Court and oversees all systems of courts in Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:[3]

According to the current Constitution,[2] the Constitutional Court shall have 15 justices. One justice shall be the President of the court, and another shall be the Vice President. All justices, including the President and Vice President, shall be nominated by the President of Taiwan and approved by the Legislative Yuan (the parliament of Taiwan). Upon approval, justices have a term limit of eight years, but this term limit does not apply to the President and Vice President.

Constitutional Court

Functions

The Constitutional Court consists of 15 justices.

The Constitutional Court (Chinese: ?; pinyin: Xiànf? F?tíng; Pe?h-?e-j?: Hiàn-hoat Hoat-têng), also known as the Council of Grand Justices (), provides rulings on the following four categories of cases:

  1. Interpretation of the Constitution;
  2. Uniform interpretation of statutes and regulations;
  3. Impeachment of the President and Vice President of Taiwan; and
  4. Declaring the dissolution of political parties in violation of the Constitution.[1][2]

A petition for an interpretation of the Constitution shall be filed in the following circumstances:[3]

  • Where a central or local government agency is uncertain regarding the application of the Constitution while exercising its powers, or, if the agency, while exercising its powers, has disputes with another agency regarding the application of the Constitution, or if the agency is uncertain of the constitutionality of a particular law or order when applying the same;[3]
  • Where an individual, a juristic person, or a political party, alleges that his or its constitutional right has been infringed and who has exhausted all judicial remedies provided by law, questions the constitutionality of the law or order applied by the court of last resort in its final decision;[3]
  • Where the Members of the Legislative Yuan, in exercising their powers, are uncertain regarding the application of the Constitution or with regard to the constitutionality of a particular law when applying the same, and at least one-third of the total number of the Members of the Legislative Yuan have filed a petition;[3] or
  • Where any court believes that a particular law, which it is applying to a case pending with it, is in conflict with the Constitution.[3]

Justices

There are in total of 15 justices (Chinese: ; pinyin: Dàf?gu?n; Pe?h-?e-j?: T?a-hoat-koa?) serving in the Constitutional Court, current members are: [4]

Chief Justice and President Justice and Vice President
Hsu Tzong-li Tsai Jeong-duen
Justices
Term from 2015 to 2023 Term from 2016 to 2024 Term from 2019 to 2027
Lin Jiun-Yi
Huang Horng-Shya
Tsai Ming-Cheng
Wu Chen-Huan
Chang Chong-Wen
Hsu Chih-Hsiung
Huang Jui-Ming
Hwang Jau-Yuan
Jan Sheng-Lin
Lu Tai-Lang
Shieh Ming-Yan
Tsai Tzung-Jen
Yang Hui-Chin

Important decisions

Important decisions of the Constitutional Court are listed as the following.

No. Date Summary Ref
1 Jan 6, 1949 Legislative Yuan members shall not hold positions in executive government concurrently. [5]
31 Jan 29, 1954 Extended term of the first Legislative Yuan and Control Yuan indefinitely until the next elections in China. [6]
86 Aug 15, 1960 All high courts and district courts shall be organizationally placed under the Judicial Yuan [7]
99 Dec 19, 1962 The New Taiwan Dollar shall be the national fiat money, not local currency, and the Central Bank entrusted the issuance. [8]
261 Jun 21, 1990 Term of the first National Assembly, Legislative Yuan, and Control Yuan shall be terminated by December 31, 1991.
This interpretation resulted in the total re-election of the National Assembly in 1991 and the Legislative Yuan in 1992.
This interpretation also opened the subsequent legislative elections in Taiwan.
[9]
328 Nov 11, 1993 Coverage of the national territory shall not be interpreted by the Constitutional Court. [10]
365 Sep 23, 1994 Judged the jus sanguinis principle in the Taiwanese nationality law shall apply to both mother and father. [11]
499 Mar 24, 2000 Voided the 5th amendment of the Additional Articles of the Constitution [12]
644 Jun 20, 2008 Judged the ban of "advocate Communism or secession" in the Civil Associations Act as unconstitutional. [13]
748 May 24, 2017 Judged the statutory ban on same-sex marriage in the Taiwanese Civil Code as unconstitutional.
The government shall take motion to legalize same-sex marriage in Taiwan.
[14]
791 May 29, 2020 Judged the criminalization of adultery as unconstitutional.

Ordinary courts

Supreme court

The Supreme Court (Chinese: ?; pinyin: Zuìg?o F?yuàn; Pe?h-?e-j?: Chòe-ko Hoat-) is the court of last resort for civil and criminal cases. A civil case can be appealed to the Supreme Court only when more than NT $1,500,000 is at stake. Except for petty offences enumerated in Article 376 of the Code of Criminal Procedure, any criminal case may be appealed to the Court.

This Court exercises jurisdiction over the following cases:

  • appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;
  • appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;
  • appeals from rulings of High Courts or their branches;
  • appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;
  • civil and criminal retrials within the jurisdiction of the court of third instance;
  • extraordinary appeals; or
  • any other case as specified by laws.

High court

Tainan High Court

There are six High Court (Chinese: ?; pinyin: G?od?ng F?yuàn; Pe?h-?e-j?: Ko-téng Hoat-) branches in Taiwan:

No. Name Chinese
1 Taiwan High Court
2 Taiwan High Court Taichung Branch Court ?
3 Taiwan High Court Tainan Branch Court ?
4 Taiwan High Court Kaohsiung Branch Court ?
5 Taiwan High Court Hualien Branch Court ?
6 Fujian High Court Kinmen Branch Court ?

The High Courts and its branches exercise jurisdiction over the following cases:[15]

  • Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;
  • Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;
  • First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;
  • Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and
  • Other cases prescribed by law.

The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.[15]

Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.[15]

The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the 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.[15]

District court

Hualien District Court

There are currently 22 District Courts (Chinese: ?; pinyin: Dìf?ng F?yuàn; Pe?h-?e-j?: T?-hng Hoat-) in Taiwan:[16]

No. Name Chinese No. Name Chinese No. Name Chinese
1 Changhua 9 Lienchiang 17 Tainan
2 Chiayi 10 Miaoli 18 Taipei
3 Ciaotou 11 Nantou 19 Taitung
4 Hsinchu 12 New Taipei 20 Taoyuan
5 Hualien 13 Penghu 21 Yilan
6 Kaohsiung 14 Pingtung 22 Yunlin
7 Keelung 15 Shilin
8 Kinmen 16 Taichung

Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgment. The civil summary procedure is for cases involving an amount in controversy of not more than 300,000 New Taiwan dollar and for simple legal disputes.[16] Currently there are a total of 45 divisions in Taiwan.[16] Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.[16]

Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order.[16] Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.[16]

A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases.[16] A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings.[16] Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge.[16] The Juvenile Court hears and decides only cases involving juveniles.[16]

Special courts

Administrative court

The administrative courts (Chinese: ?; pinyin: Xíngzhèng F?yuàn; Pe?h-?e-j?: Hêng-chèng Hoat-) handle cases regarding administrative litigation. The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.

Name Chinese
Supreme Administrative Court
Taipei High Administrative Court
Taichung High Administrative Court
Kaohsiung High Administrative Court
Tainan High Administrative Court (planned) ()

Intellectual property court

The intellectual property court (Chinese: ; pinyin: Zhìhuìcáich?n F?yuàn; Pe?h-?e-j?: Tì-h?i-châi-sán Hoat-) [17] handles cases regarding intellectual properties.

Disciplinary court

The disciplinary court (Chinese: ?; pinyin: Chéngjiè F?yuàn; Pe?h-?e-j?: Têng-kài Hoat-) [18] maintains official discipline and punishes public servants, regardless of rank or appointment, for violations of the law or negligence in his or her duty in accordance with Article 77 of the Constitution.

Judges

Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.[1] Furthermore, Article 81 states that Judges shall hold office for life.[1] No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction.[1] No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced.[1] Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.[3]

President and Vice President of Judicial Yuan

Hsu Tzong-li, the incumbent President of Judicial Yuan.

Since a constitutional amendment ratified in 1997, the President and Vice President of the Judicial Yuan need to be justices. However, they are not subject to the 8-year term limit like the other 13 justices. In the current constitution, the President and Vice President of the Judicial Yuan shall be nominated by the President of Taiwan and approved by the Legislative Yuan (the parliament of Taiwan).

Before 1947 Constitution

President Vice President

1947 Constitution

Term Date President Vice President Note
1 July 1948 - May 1950 Wang Ch'ung-hui Shi Zhiquan Inaugurated in Nanking and moved to Taipei
May 1950 - March 1958 Hsieh Kuan-sheng President Wang Chung-hui died in office
March 1958 - June 1958 Vice President as Acting President
2 June 1958 - July 1965 Hsieh Kuan-sheng Fu Bingchang Vice President Fu Ping-chang died in office
July 1965 - July 1966 Post vacant
July 1966 - December 1971 Xie Yingzhou President Hsieh Kuan-sheng died in office
3 December 1971 - April 1972 Tien Chung-chin Vice President Hsieh Ying-chou died in office
April 1972 - July 1972 Post vacant
July 1972 - March 1977 Tai Yen-hui President Tien Chung-chin died in office
4 April 1977 - July 1979 Tai Yen-hui Han Chung-mo Tai Yen-hui is the first Taiwanese President
5 July 1979 - May 1987 Huang Shao-ku Hung Shou-nan
6 May 1, 1987 - May 1, 1993 Lin Yang-kang Wang Tao-yuan
May 1, 1993 - Sep 1, 1994 Lu Yu-wen
7 Sep 1, 1994 - Aug 1, 1998 Shih Chi-yang
Aug 1, 1998 - Feb 1, 1999 Post vacant Constitution amended, justices took over the positions

1997 Constitution amendment

Term Date President Vice President
1 Feb 1, 1999 - Sep 30, 2003 Weng Yueh-sheng Cheng Chung-mo
2 Oct 1, 2003 - Apr 7, 2006 Weng Yueh-sheng Cheng Chung-mo
3 Apr 7, 2006 - Sep 30, 2007 Lai In-jaw
4 Oct 1, 2007 - Jul 18, 2010 Lai In-jaw Hsieh Tsai-chuan
Jul 19, 2010 - Oct 12, 2010 Vice President as Acting President
5 Oct 13, 2010 - Oct 31, 2016 Rai Hau-min Su Yeong-chin
6 Nove 1, 2016 - present Hsu Tzong-li Tsai Jeong-duen

See also

References

  1. ^ a b c d e f See Constitution arts. 77-82, available at "Constitution of the Republic of China (Taiwan)". January 1, 1947.
  2. ^ a b c See Additional Articles of the Constitution art. 5, available at "Additional Articles of the Constitution of the Republic of China (Taiwan)". July 10, 2005.
  3. ^ a b c d e f g See Introduction to the Judicial Yuan, available at "Judicial Yuan >> About Us >> Introduction".
  4. ^ "Justices of the Constitutional Court". October 1, 2019.
  5. ^ No. 1
  6. ^ No. 31
  7. ^ No. 86 Separation of the Judicial and the Prosecutorial Institutions Case
  8. ^ No. 99
  9. ^ No. 261 Terms of Office of the First Congress Members Case
  10. ^ No. 328
  11. ^ No. 365 Father's Preferred Parental Rights Case
  12. ^ No. 499 Unconstitutional Constitutional Amendments Case
  13. ^ No. 644 The Prohibition against Associations Advocating Communism or Secession Case
  14. ^ No. 748 Same-Sex Marriage Case
  15. ^ a b c d See, Taiwan High Court, available athttp://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)
  16. ^ a b c d e f g h i j See, Taipei District Court, About Us - Organization,http://tpd.judicial.gov.tw/indexen.asp?struID=52&navID=53&contentID=125 (last visited Mar. 28, 2012)
  17. ^ "Intellectual Property Court". July 17, 2020.
  18. ^ "? (Disciplinary Court)". July 17, 2020.

External links


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