Cameron Miranda
Taiwan's legal system has evolved significantly since the lifting of martial law in the late 1980s, progressing towards robust legal institutions and judicial reforms. As a civil law jurisdiction, Taiwan's legal system differs from common law jurisdictions like the United States, with a heavier reliance on judicial interpretation of codes and precedent rather than case law. The law of the Republic of China, applied in Taiwan and surrounding areas, is rooted in modern Japanese and German legal systems, creating a unique blend of legal cultures. Taiwan's constitution, the supreme law of the land, empowers the Legislative Yuan to enact laws, while the Executive Yuan issues administrative orders. This codified system of law ensures the sovereignty of the people, protects human rights and freedoms, and establishes a central government with a balanced division of powers.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Basis of legal system | Modern Japanese and German legal systems |
| Number of court tiers | 3 |
| Types of courts | Common court, administrative court, specialised court |
| Number of supreme courts | 2 |
| Number of district courts | 21 |
| Number of high administrative courts | 1 |
| Number of supreme administrative courts | 1 |
| Court with jurisdiction over intellectual property cases | Intellectual Property Court |
| Court that handles juvenile cases | Taiwan Kaohsiung Juvenile Court |
| Highest judicial organ of the government | Judicial Yuan |
| Power to select judges | Judicial Selection Committee |
| Judge training period | 1.5–2 years |
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What You'll Learn
- Taiwan's legal system is based on civil law
- The country's legal landscape has changed since the lifting of martial law in the late 1980s
- Taiwan has a three-tiered court system for civil and criminal cases
- The country's legal system has been influenced by various cultures
- The Judicial Yuan is the highest judicial organ of the government
Taiwan's legal system is based on civil law
The civil law system in Taiwan stands in contrast to common law jurisdictions like the United States and other Anglo-American legal systems. In Taiwan, precedents carry a different legal weight, as outlined in Article 80 of the Constitution. While Supreme Court decisions may be selected as precedents, they undergo a screening process, and those chosen hold significant weight for future cases.
The ROC Constitution, comprising 175 articles in 14 chapters, was adopted on December 25, 1946, by the National Assembly in Nanjing. It was promulgated by the National Government on January 1, 1947, and put into effect on December 25 of the same year. The Constitution embodies the ideal of "sovereignty of the people," guaranteeing human rights and freedoms. It provides for a central government with five branches, ensures a balanced division of powers between central and local governments, and outlines fundamental national policies.
Taiwan's legal system has evolved through various historical influences. From 1662 to 1884, Taiwan was under the rule of Zheng Chenggong, a general from the falling Ming Dynasty. The Qing government then controlled Taiwan from the 1880s until its defeat in the first Sino-Japanese War in 1895. As a result, Taiwan was ceded to Japan, and the Civil Code of Japan, heavily influenced by the German and French Civil Codes, was established. During this period, postwar revisions were made, particularly in family law and succession, moving away from the vestiges of the old patriarchal family system.
After World War II, Japan returned Taiwan to the Chinese government. However, in 1949, the KMT took control of Taiwan after being defeated by the Chinese Communist Party (CCP) in the Chinese Civil War. These changing influences have resulted in a mixture of legal cultures in Taiwan, creating a society of legal pluralism.
Today, Taiwan's court system consists of Specialized Courts, Administrative Courts, and a three-tiered structure for civil and criminal cases, including Supreme Court, High Courts, and District Courts. The Judicial Yuan is the highest judicial authority, overseeing all court systems and running a Constitutional Court.
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The country's legal landscape has changed since the lifting of martial law in the late 1980s
Taiwan's legal landscape has undergone significant changes since the lifting of martial law in 1987. The country's legal system has its origins in modern Japanese and German legal codes, with the main body of laws codified into the Six Codes. The lifting of martial law, which had been in place since 1949, marked a "watershed moment" in Taiwan's democratization. It allowed for the legal formation of opposition political parties for the first time and the lifting of bans on newspapers, sparking a wave of new political movements.
However, even after the lifting of martial law, some restrictions remained. The National Security Law limited freedom of assembly, speech, and press. The transition to democracy was gradual and peaceful compared to other countries in the region, and Taiwan's democracy has been described as "immature, lousy, [and] chaotic." The roots of Taiwanization began to take hold, and the country started to develop its unique legal culture, a mixture of Dutch, traditional Chinese, and other influences.
The Judicial Yuan is the highest judicial organ of the government and runs a Constitutional Court, overseeing all court systems in Taiwan. The country has a three-tiered court system for civil and criminal cases, consisting of the Supreme Court, High Courts, and District Courts. There is also a Specialized Court system, including the Taiwan Kaohsiung Juvenile Court and the Intellectual Property Court. The administrative court handles administrative cases, and there is a distinction between common law and administrative law.
Taiwan's legal education system is well-developed, with undergraduate legal education typically lasting four years, master's education ranging from one to four years, and doctoral education between two and seven years. The Judicial Selection Committee establishes that the Judicial Yuan has the power to select judges, who must undergo extensive training focusing on practical skills, legal ethics, and theoretical courses. The Judges Act provides measures to maintain judicial integrity and prevent corruption.
In summary, since the lifting of martial law in the late 1980s, Taiwan has made significant strides towards democratization and the development of its unique legal landscape, moving towards political liberalization and Taiwanization while navigating a mixed legal heritage. The country has established an independent judiciary with a robust court system and a comprehensive legal education framework.
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Taiwan has a three-tiered court system for civil and criminal cases
Taiwan's legal system is based on civil law, which differs from common law jurisdictions like the US and other Anglo-American legal systems. Taiwan's civil law system has its origins in modern Japanese and German legal codes. The law of the Republic of China, as applied in Taiwan, is codified into the Six Codes, with laws promulgated by the President after being passed by the Legislative Yuan.
The High Courts are the second instance for general civil and criminal cases, hearing appeals or motions to set aside district court rulings. Taiwan has one High Court in Taipei with four branches, and there is also a branch in Fuchien Province.
The Supreme Court is the highest court in the land and the court of last resort for civil and criminal cases. It hears appeals from High Courts and their branches, as well as civil and criminal retrials within the jurisdiction of the third instance. Civil cases can be appealed to the Supreme Court when more than NT $1,500,000 is at stake, while criminal cases, except for petty offences, can also be appealed to this court.
In addition to the three-tiered system, Taiwan also has Specialized Courts, such as the Taiwan Kaohsiung Juvenile Court and the Intellectual Property Court, and Administrative Courts, which include the High Administrative Court and the Supreme Administrative Court. The Judicial Yuan is the highest judicial organ of the government, overseeing all court systems in Taiwan, including ordinary, special, and administrative courts.
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The country's legal system has been influenced by various cultures
Taiwan's legal system has been influenced by various cultures over the years, resulting in a unique blend of legal traditions and practices. The country's legal landscape has been shaped by its complex history and the influence of different ruling powers, including the Dutch, the Ming Dynasty, the Qing government, Japan, and the Chinese government.
During the period of Dutch rule in Taiwan, which lasted until 1662, the country was exposed to Dutch legal ideas and practices. This was followed by the rule of the Ming Dynasty general, Zheng Chenggong, who established his control over Taiwan and introduced his legal system. The Qing government resumed control of Taiwan in the 1880s, and their legal influence continued until the Qing government was defeated in the first Sino-Japanese War in 1895. As a result, Taiwan came under Japanese rule, and Japanese laws were implemented, marking a significant shift in the country's legal system.
The Japanese influence on Taiwan's legal system is particularly notable. After Taiwan ceded to Japan in 1895, the Civil Code of Japan was created in 1896, heavily influenced by the first draft of the German Civil Code and the French Civil Code. This code retained certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism, particularly in family and succession law. The Japanese influence on Taiwan's legal system continued until the end of World War II when Taiwan was returned to the Chinese government.
Taiwan's legal system also reflects the influence of the Chinese legal tradition. After the Chinese Civil War in 1949, the Kuomintang (KMT) took control of Taiwan, bringing with them their legal ideas and practices. The Republic of China's legal system, known as the ROC legal system, took effect in Taiwan in 1945, and significant changes were made to account for the fact that the ROC government only controlled Taiwan and surrounding islands. This period introduced elements of the modern Japanese and German legal systems, further shaping Taiwan's legal landscape.
Today, Taiwan operates as a civil law jurisdiction, with the Constitution of Taiwan as the supreme law of the land. The country's court system is divided into three levels: the District Courts, the High Courts, and the Supreme Court, which is the highest court in the land. Taiwan's legal system has been praised for its impressive progress in judicial reforms and the development of robust legal institutions, particularly in areas such as human rights and the rule of law.
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The Judicial Yuan is the highest judicial organ of the government
Taiwan's legal system is based on civil law, with its origins in modern Japanese and German legal systems. The main body of laws is codified into the Six Codes, which are promulgated by the President after being passed by the Legislative Yuan. The law of the Republic of China, as applied in Taiwan, is part of a mixture of legal cultures that have influenced Taiwan over time.
The Judicial Yuan is composed of fifteen justices, including a president and vice president of the court, who are appointed by the president of the Republic with the consent of the Legislative Yuan. The justices have a term limit of eight years, which does not apply to the president and vice president. The Judicial Yuan also has the power to select judges, who must undergo training of one and a half to two years at the Judges and Prosecutors Training Institute. The curriculum covers practical skills, legal ethics, and theoretical courses, and trainees may also select courses in foreign languages or law.
The Judicial Yuan plays a crucial role in Taiwan's judicial system by providing a framework for interpreting the Constitution, overseeing the court system, and ensuring disciplinary measures are enforced. It is an essential component of Taiwan's legal framework and helps maintain the integrity and independence of the judiciary.
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Frequently asked questions
No, Taiwan has a civil law system with its origins in modern Japanese and German legal systems.
The main body of laws in Taiwan is codified into the Six Codes.
The Legislative Yuan enacts laws through powers granted to it by the Constitution. The Executive Yuan may also announce regulations and administrative orders in accordance with the law.
The Supreme Court is the highest court in Taiwan and is found at the seat of the central government in Taipei.
The administrative litigation system in Taiwan 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.
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