Judicial Yuan


The Judicial Yuan is the judicial branch of the government of the Republic of China on Taiwan.
Its Justices of the Constitutional Court, with 15 members, is charged with interpreting the Constitution. The President and Vice President of the Judicial Yuan are chosen from among the Justices by the President. Eight of the grand justices, including the president and vice president of the Judicial Yuan, serve four-year terms, and the remaining justices serve eight-year terms.
The Judicial Yuan also supervises the Supreme Court, the high courts, the district courts, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries.
According to Articles 77 and 78 of the Constitution of the Republic of China, Article 5 of the Additional Articles of the Constitution, Articles 30, 43, and 75 of the Local Government Systems Act, the major functions of the Judicial Yuan are as follows:
The Justices of the Constitutional Court provides rulings on the following four categories of cases:
  1. Interpretation of the Constitution;
  2. Uniform Interpretation of Statutes and Regulations;
  3. Impeachment of President and Vice President of the Republic of China; and
  4. Declaring the dissolution of political parties in violation of the Constitution.
A petition for an interpretation of the Constitution shall be filed in the following circumstances:
The Justices are:

Supreme Court

The Supreme Court 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:
There are six High Court branches in the Taiwan Area :
No.NameChinese
1Taiwan High Court臺灣高等法院
2Taiwan High Court Taichung Branch Court臺灣高等法院臺中分院
3Taiwan High Court Tainan Branch Court臺灣高等法院臺南分院
4Taiwan High Court Kaohsiung Branch Court臺灣高等法院高雄分院
5Taiwan High Court Hualien Branch Court臺灣高等法院花蓮分院
6Fujian High Court Kinmen Branch Court福建高等法院金門分院

The High Courts and its branches exercise jurisdiction over the following cases:
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.
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.
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.

District Courts

There are currently 22 District Courts in the Taiwan Area :
No.NameChineseNo.NameChineseNo.NameChinese
1Changhua臺灣彰化地方法院9Lienchiang福建連江地方法院17Tainan臺灣臺南地方法院
2Chiayi臺灣嘉義地方法院10Miaoli臺灣苗栗地方法院18Taipei臺灣臺北地方法院
3Ciaotou臺灣橋頭地方法院11Nantou臺灣南投地方法院19Taitung臺灣臺東地方法院
4Hsinchu臺灣新竹地方法院12New Taipei臺灣新北地方法院20Taoyuan臺灣桃園地方法院
5Hualien臺灣花蓮地方法院13Penghu臺灣澎湖地方法院21Yilan臺灣宜蘭地方法院
6Kaohsiung臺灣高雄地方法院14Pingtung臺灣屏東地方法院22Yunlin臺灣雲林地方法院
7Keelung臺灣基隆地方法院15Shilin臺灣士林地方法院---
8Kinmen福建金門地方法院16Taichung臺灣臺中地方法院---

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. Currently there are a total of 45 divisions in Taiwan. Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.
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. 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.
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. 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. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.

Administrative Courts

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.

Public Functionary Disciplinary Sanction Commission

The Public Functionary Disciplinary Sanction Commission 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. Furthermore, Article 81 states that Judges shall hold office for life. 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. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. 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.

List of Presidents of the Judicial Yuan

Pre-1947 Constitution ratification

  1. Wang Ch'ung-hui
  2. Ju Zheng

    Post-1947 Constitution ratification

  3. Wang Ch'ung-hui
  4. * Hsieh Kuan-sheng acting
  5. Hsieh Kuan-sheng
  6. Tien Chung-chin
  7. Tai Yen-hui
  8. Huang Shao-ku
  9. Lin Yang-kang
  10. Shih Chi-yang
  11. * Lu Yu-wen acting
  12. Weng Yueh-sheng
  13. Lai In-jaw
  14. * Hsieh Tsai-chuan acting
  15. Rai Hau-min
  16. Hsu Tzong-li

    List of Vice Presidents of the Judicial Yuan

Pre-1947 Constitution ratification