II. The Operation of the Judicial PowerII. The Operation of the Judicial PowerAccording to the Constitution, the Organic Act of the Judicial Yuan, the Constitutional Interpretation Procedure Act, the Organic Act of the Court, the Organic Act of the Administrative Court, and the Organic Act of the Commission on the Disciplinary Sanction of Functionaries, the Judicial Yuan exercises the power to interpret, adjudicate, discipline, and of judicial administration. These powers are described as follows:
The Justices hold meetings to interpret the Constitution and to unify the interpretation of laws and orders. The Chief Justice, who is concurrently acting as the President of the Judicial Yuan, presides over these meetings.
(1) Cases concerning the impeachment of the President and the Vice President of the Republic, the dissolution of political parties violating the Constitution- The Constitutional Court, composed of the Justices, adjudicates such cases.
(2) Civil and criminal cases - The Supreme Court, High Courts and their branches, and the District Courts are established to hear and decide civil and criminal cases. The "three-level and three-instance" system is the basic structure, while the "three-level and two-instance" system structure is utilized in certain cases. Issues of fact are decided at trials of both the first and the second instances, while trials of the third instance consider only issues of law. From October 3, 1999, the Supreme Court and the High Courts including their branches, adjudicate cases in which appeals from sentences of imprisonment have been rendered by a military court.
(3) Administrative cases - The Supreme and the High Administrative Courts are established to hear and decide administrative cases. The new law adopts a "two-level and two-instance" system of litigation procedure. The High Administrative Courts decide issues of fact, while the Supreme Administrative Court decides only issues of law.
Commission on the Disciplinary Sanctions of Functionaries adjudicates cases concerning disciplinary measure with respect to public functionaries. The decision of the Commission is final, but a re-adjudication may be granted where there exists legitimate grounds for the same.
Judges of the courts and members of the Commission hold office for life. They must be nonpartisan and must, in acccordance with law, adjudicate cases independently and free from any interference.
The President and Vice President of the Judicial Yuan exercise the power of judicial administration. They supervise the various subordinate organs of the Judicial Yuan to ensure that these organs exercise their functions in accordance with the law. They also strive to develop a sound judicial system, increase the effectiveness of judicial functions, improve the working conditions for the judiciary, and elevate the quality of judicial decisions.