The Constitution of the Republic of China was promulgated and went into effect in 1947. The central government established the Executive Yuan, Legislative Yuan, the Judicial Yuan, the Examination Yuan, and the Control Yuan; these are referred to as the five branches of government. According to our constitution, the Judicial Yuan is the highest judicial authority, which is vested with the power of interpretation, adjudication, discipline, and administration.
The Judicial Yuan has the power to interpret the Constitution and unify the interpretation of statutes and regulations. Such power is rendered by the Constitutional Court, which is composed of 15 Justices, through regular meetings and the conduct of oral argument proceedings in accordance with the Rules of the Constitutional Court. In addition, the impeachment of the President and Vice President of the Republic of China, and dissolution of political parties violating the Constitution cases are heard by the Justices of the Constitutional Court.
Civil and criminal cases are heard by the Supreme Court, the High Court and its branches, and the District Courts (including Juvenile and Family Courts). Adjudication adopts the ”three-level and three-instance” system in principle; and the “three-level and two-instance” as an exception. Furthermore, Administrative cases are heard by the Administrative Supreme Court, the High Administrative Court, Administrative Litigation Division District Courts. Additionally, the Intellectual Property Court has been established to hear and decide intellectual property cases of both first and second instances of civil litigation, second instance of criminal litigation, and first instance of administrative litigation.
The District Court hears and decides the first instance of civil, criminal, juvenile, administrative, family and summary litigation. A civil execution department is also attached to the District Court. The assignment of cases is made by lot and has already been computerized. Cases are generally heard before a single judge, but serious or complicated cases and election suits are heard before three judges sitting in council, and one of them is the presiding judge.
- Release Date:2020-11-09