| Judicial Yuan Constitutional Court 司法院 |
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|---|---|
| Established | 1937 |
| Jurisdiction | Republic of China |
| Location | Taipei |
| Composition method | Presidential nomination with Legislative Yuan confirmation |
| Authorized by | Constitution of the Republic of China |
| Judge term length | 4 or 8 years |
| Number of positions | 15 |
| Website | http://www.judicial.gov.tw/en/ |
| President of the Judicial Yuan and The Honorable Chief Justice |
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| Currently | Lai In-Jaw |
| Since | 10 October, 2008 |
The Judicial Yuan (司法院) is one of five branches of the government of the Republic of China in Taipei and serves as the highest judicial organ in Republic of China. Its Justices of the Constitutional Court (大法官會議, literally ‘Council of Grand Justices’), with 15 members, is charged with interpreting the Constitution. The President and Vice President of the Judicial Yuan are chosen from among the Honorable Justice 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 Honorable Justices serve eight-year terms.
The Judicial Yuan also supervises the lower courts, which consist of the Supreme Court, the high courts, 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 Amended Constitution, Articles 30, 43, and 75 of the Local Government Systems Act, the major functions of the Judicial Yuan are as follows:
Contents |
There is one High Court in the Taiwan area with four branch courts in Taichung （台中）, Tainan （臺南）, Kaohsiung （高雄）, and Hualien （花蓮）. In the Fuchien area, there is a Kinmen Branch Court of the Fuchien High Court. 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.
The Supreme Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:
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.
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.
The Justices of the Constitutional Court shall provide 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:
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