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*IV. Structure and Functions of the Subordinate Organs of the Judicial Yuan


1. The Supreme Court

The Supreme Court is located at the seat of the Central Government and it exercises jurisdiction over the following cases:

(1) Appeals from judgments of High Courts or their branches as courts of the second instance in civil and criminal cases;

(2) Appeals from judgments of High Courts or their branches as courts of the first instance in criminal cases;

(3) Interlocutory appeals from rulings of High Courts or their branches;

(4) Appeals or interlocutory appeals from decisions of District Courts as courts of the second instance in summary civil proceedings;

(5) Military appellate cases whose judgments impose imprisonment for a definite period or more severe punishment rendered by the Supreme Military Courts and their branches;

(6) Military appellate cases whose judgments impose death or imprisonment for life rendered by the High Mlitary Courts and their branches;

(7) Extraordinary appeals; and

(8) Other cases prescribed by law.

The Supreme Court has a President, who is of the special appointment rank and who is in charge of the administrative affairs of the entire court and who acts concurrently as a Judge.

The President of the Supreme Court must possess at least one of the following qualifications:

(1) Served as a Justice of the Constitutional Court, President of the Supreme Court, Prosecutor-General of the Supreme Court Prosecutors' Office, President of the Administrative Court, or Chief Commissioner of the Commission on the Disciplinary Sanctions of Functionaries;

(2) Served as a judge of the Supreme Court, a Prosecutor of the Supreme Court Prosecutors' Office, President of a High Court, or Chief Prosecutor of the Proseuctors' Office of a High Court for a total of more than five years; or

(3) Served as a judge or prosecutor of the selected appointment rank for at least ten years, or as a judge or prosecutor of the selected appointment rank and as a judicial administrative official for a total of more than ten years.

Currently, the Supreme Court is divided into eight Civil Divisions and twelve Criminal Divisions. Each division has a Division Chief Judge, four Associate judges, and one Clerical Section. The Supreme Court has a Clerical Bureau, headed by a Chief Clerk, and which is divided into the Document, Civil, Criminal, Data, Research, Evaluation and General Affairs Sections, as well as a Judicial Police Office. The Supreme Court also has Personnel, Accounting, Statistics, Government Ethics and Information Offices.

The Supreme Court reviews cases only regarding issues of law. An appeal may be made to the Court only on the grounds that the original judgment is in violation of law or order. As the Supreme Court does not determine issues of fact, documentary review proceedings are the norm, while oral proceedings can be held in certain exceptional circumstances.

If, in deciding a case, the Supreme Court makes a different interpretation of the law or order from any of its precedents, and it is decided that there is a need to have the precedent modified, a Civil Divisions Conference, Criminal Divisions Conference, or Joint Civil-Criminal Divisions Conference, constituted by the President, Division Chief Judges, and Associate Judges, will be called for reconciling the differences and harmonizing the conflicting views. The conclusions of the conferences are reported to the Judicial Yuan.

Cases before the Supreme Court are heard and decided by a panel of five judges, with the Division Chief Judge acting as the presiding judge and as the chairperson in deliberation. Issues under deliberation are decided by a majority opinion and the deliberation proceedings are not open to the public.

2. High Courts and their Branches

Currently, there is one High Court in the Taiwan area with four branch courts in Taichung, Tainan, Kaohsiung, and Hualien (and the Hualien branch has a branch in Taitung). 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 in the Taiwan and Kinmen-Matsu areas respctively.

(1) Appeals from judgments of the District Courts as courts of the first instance in ordinary proceedings of civil and criminal cases;

(2) Interlocutory appeals from rulings of the District Courts in ordinary proceedings;

(3) First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;

(4) Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and th their branches; and

(5) Other cases prescribed by law.

The High Courts and every branch thereof have one judge who serves concurrently as President of each Court and the Branch Court. The President is in charge of the administrative affairs of the entire Court and supervises the administrative affairs of its subordinate courts.

The High Courts and its Branch Courts are divieded into civil, criminal and speccialized division dealing with juvenile, traffic, public security, election, labor, trademark, patent, copytight, corruption, state compensation, sexual violations, and fair trade cases as well as significant economic crimes and other extraordinary criminal cases. Each Division is comprised of one Division Chief Judge and two Associate Judges. The Division Chief Judge supervises and assigns the business of his or her own division. Additional the High Court and its Branch Courts have a Clerical Bureau which is headed by a Chief Clerk who asists the President with administrative affairs. The Clerical Bureau divided into the Document, Civil Recording, Criminial Recording, Specialzed Division Recording, General Affairs, Research and Evaluaton, Data, and Legal Assistance Sections as well as a Judicial Police Office. The High Courts and its Branch Courts also have Personnel, Government Ethics, Accounting, Statistics, and Information Offices.

Cases bofore the High Courts or their Branch Courts are heard and decided by a panel of judges. However, one of the judges may be assigned to conduct preparatory proceedings.

3. District Courts

Presently, in the Taiwan-Penghu and Kinmen-Matsu areas, there are twenty-one District Courts allocated in Taipei, Banciao, Shinlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu, Kinmen and Lienchiang. Each District Court may establish one or more summary divisions for the adjudication of cases suitable to summary judgments. Currently, there are a total of forty-five such divisions in Taiwan. Additionally, there is the Taiwan Kaohsiung Juvenile Court established in accordance with the Law Governing the Disposition of Juvenile Cases.

District Courts have jurisdiction over the following cases:

(1) Ordinary or summary civil and criminal cases as well as civil small claim cases as courts of the first instance;

(2) Civil and criminal appeals or interlocutory appeals from decisions rndered by the summary divisions;

(3) Juvenile cases;

(4) Family cases;

(5) Traffic cases;

(6) Civil compulsory execution cases;

(7) Non-contentious matters;

(8) Civil protection writs;

(9) Rehabilitation of delinquents;

(10) Labor-management disputes;

(11) Elections and recalls;

(12) Violations of the Statute for the Maintenance of Social Order; and

(13) Other cases prescribed by law.

One judge at each District Court is appointed to serve concurrently as President of his or her Court and to supervise that Court's administrative affairs. Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, election 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. Additionally, each District Court has a Civil Execution Department, a Public Defenders' Office, a Notarization Department, a Registration Department, a Lodgment Office and a Probation Officers' Office. Each District Court also has a Clerical Office headed by a Chief Clerk who assists the President with administrative affairs and which is divided into Sections for Civil Recording, Criminal Recording, Juvenile Recording, Documents, General Affairs, Research and Evaluation, Data and Legal Assistance. There is also a Judicial Police Office and each District Court maintains Offices for Personnel, Accounting, Statistics, Information and Civil Service Ethics.

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, except that summary proceedings can be held by a single judge. The Juvenile Court hears and decides cases involving juveniles only , and the provisions of the organization of the District Court apply mutatis mutandis to the Juvenile Court.

4.The Supreme Administrative Court

The Supreme Administrative Court is located at the seat of the Central Government and it exercises jurisdiction over the following cases:

(1) Appeals or interlocutory appeals from judgments or rulings of the High Administrative Courts; and

(2) Other cases as prescribed by law.

The Supreme Administrative Court has a President who is of the special appointment rank and who supervises the administrative affairs of the entire Court and acts concurrently as a judge.

The President of the Supreme Administrative Court must possess one of the following qualifications as well as leadership ability in order to be appointed:

(1) Served as a Justice of the Constitutional Court, President of the Supreme Administrative Court, President of the Supreme Court, Prosecutor-General of the Supreme Court Prosecutors' Office, or Chief Commissioner of the Commission on the Disciplinary Sanction of Functionaries;

(2) Served as a judge of the Administrative Court, of the Supreme Administrative Court, of the Supreme Court, or as a Prosecutor of the Supreme Court Prosecutors' Office, or President of a High Administrative Court or a High Court, or as a Chief Prosecutor of a High Court Prosecutors' Office for an excess of a total of five years; or

(3) Served as a judge at the selected appointment rank of the Administrative Court or a judge or prosecutor of the selected appointment rank for in excess of ten years, or served as a judge at the selected appointment rank of the Administrative Court or a judge or prosecutor of the selected appointment rank, and also as a judicial administrative official at the selected appointment rank for in excess of a total of ten years.

Judges and prosecutors who serve in the civil or criminal courts and judges of the High Administrative Court may be selected to serve as judges of the Supreme Administrative Court. Additionally, to meet the special needs of administrative litigation, the following individuals may be considered to serve as judges of the Supreme Administrative Court:

(1) Those who have been a professor of administrative law or any other related law course at an university or a college for more than five years and who are qualified to serve as a functionary of the selected appointment rank;

(2) Those who have been research fellows at Academia Sinica for more than five years with specialized publications in constitutional or administrative law and who are qualified to serve as a functionary at the selected appointment rank;

(3) Those who have graduated from a university, college, or graduate school, majoring in law, political science, or administrative science and have served as a functionary at the selected appointment rank handling business of administrative appeals or legal affairs for more than six years; or

(4) Those who have passed the bar examination and who have experience as an administrative law practitioner for more than twelve years and who are qualified to serve as functionaries at the selected appointment rank.

The Supreme Administrative Court is divided into several divisions according to the caseload of the particular courts. Cases before the Supreme Administartive Court are heard and decided by a panel of five judges. The Supreme Administrative Court has one Clerical Bureau, headed by a Chief Clerk, which is divided into the Clerical, Review, Document, Research and Evaluation, General Affairs and Legal Assistance Sections. The Court also has a Judicial Police Office and Offices for Personnel, Accounting, Statistics, Government Ethics and Information.

The Supreme Administrative Court reviews cases only regarding issues of law. Appeals may be made to the Court only on the grounds that the original judgment violates a law or an order. Except as otherwise provided, the Supreme Administrative Court bases its judgments upon the facts established in the judgment of a High Administrative Court. In the Supreme Administrative Court, documentary proceedings are the norm. However, the Court may, ex officio or upon application, conduct oral proceedings in any of the following circumstances:

(1) Where it is necessary because the legal relationship is complicated or interpretations of the law are divided;

(2) Where it is necessary because specialized knowledge or special principles of experience are involved; or

(3) Where it is necessary because a public interest is involved or the decision will have a great impact on a party's rights or obligations.

If the Supreme Administrative Court makes an interpretation of the law in its judgment or ruling and it is determined that there is a need to have the interpretation compiled into a precedent, the Supreme Administrative Court will hold a joint conference attended by the President, Division Chief Judges and Associate Judges, and will, by resolution of the conference, report said precedent to the Judicial Yuan.

5. High Administrative Courts

High Administrative Courts are established in the various provinces, special municipalities, and special districts. On July 1,2000, when the "two-level and two-instance" system of litigation procedure was implemented, the Taipei High Administrative Court, the Taichung High Administrative Court and the Kaohsiung High Administrative Court were established.

These courts exercise jurisdiction over the following cases:

(1) Cases brought against decisions on administrative appeals or against deemed decisions on administrative appeals as provided by the law; and

(2) Other cases that are under the jurisdiction of the Administrative Courts as prescribed by law.

One judge at each High Administrative Court is appointed to serve concurrently as the President and to supervise that Court's administrative affairs.

The President of a High Administrative Court must be qualified to serve as a judge of the Supreme Administrative Court, a judge of the Supreme Court, or a Prosecutor of the Supreme Court Prosecutors' Office, as well as have leadership ability in order to be appointed.

Judges and prosecutors who serve in the civil or criminal courts may be selected to serve as judges of the High Administrative Courts. Additionally, to meet the special needs of administrative litigation, the following people may be considered to serve as judges of the High Administrative Court:

(1) Those who have been a professor or associate professor of administrative law or any other related law course at a university or college for more than eight years and who are qualified to serve as a functionary at the recommended or selected appointment rank;

(2) Those who have been research fellows or associate research fellows at Academia Sinica for more than eight years with specialized publications in constitutional or administrative law and who are qualified to serve as a public functionary at the recommended or selected appointment rank;

(3) Those who have graduated from an university, college, or graduate school, majoring in law, political science, or administrative science and have served as functionaries at the selected appointment rank handling business of administrative appeals or legal affairs for more than eight years; or

(4) Those who have passed the bar examination and who have experience as administrative law practitioners for more than eight years and who are qualified to serve as functionaries at the recommended or selected appointment rank.

Each High Administrative Court is divided into several divisions according to the caseload of the particular courts and where necessary, specialized divisions may be established. Each division has a Division Chief Judge chosen from among the judges of the court, except that the President of the Court acts concurrently as a Division Chief Judge. Each Division Chief Judge supervises the administrative affairs of his or her division.

Each High Administrative Court has one Clerical Bureau, headed by a Chief Clerk and which is divided into the Recording, Review, Document, Research and Evaluation, General Affairs and Legal Assistance Sections. The Court also has a Judicial Police Office and Offices for Personnel, Accounting, Statistics, Government Ethics and Information.

Cases before a High Administrative Court are heard and decided by a panel of three judges. However, one judge may hear and decide summary proceedings.

6. The Commission on the Disciplinary Sanctions of Functionaries

In the event that the Control Yuan impeaches a functionary for malfeasance, dereliction of duty, or any other form of neglect of duty, or if the head of any of the various Yuans, Mnistries or Commissions, or a highest local administrative head requests disciplinary measures be taken against a functionary, for the same reasons, the Commission on the Disciplinary Sanctions of Functionaries exercises jurisdiction over such cases. In addition to disciplining functionaries, the Commission also provides them the protections to which they are entitled.

The Commission on the Disciplinary Sanctions of Functionaries has one Chief Commissioner, who is of a special appointment rank and serves concurrently as a Member, and nine to fifteen Members who are of the 14th grade of selected appointment rank. The Chief Commissioner supervises both the Commission's administrative affairs and the Commission's staff. The Commission has a Clerical Bureau, headed by a Chief Clerk with a number of clerks, which is divided into the Document, the Conference Affairs, the Investigation and the General Affairs Sections. The Commission also has Offices for Personnel, Accounting, Statistics, Information and Government Ethics.

The Commission's Chief Commissioner must possess one of the following qualifications as well as have leadership ability:

(1) Served as a Justice of the Constitutional Court, Chief Commissioner of the Commission on the Disciplinary Sanctions of Functionaries, President of the Supreme Court, Prosecutor-General of the Supreme Court Prosecutors' Office, or President of the Administrative Court;

(2) Served as a Member of the Commission on the Disciplinary Sanctions of Functionaries for more than three years, or as a judge of the Supreme Court, or as a Prosecutor of the Supreme Court Prosecutors' Office, or as a judge of the Administrative Court, or as President of a High Court, or as a Chief Prosecutor of a High Court Prosecutors' Office for a total of more than eight years; or

(3) Served as a judge or prosecutor of a selected appointment rank for more than twelve years, or as a judge or prosecutor of a selected appointment rank as well as an administrative official at a selected appointment rank for a total of more than twelve years.

Members of the Commission must possess one of the following qualifications:

(1) Served as a Member of the Commission on the Disciplinary Sanctions of Functionaries;

(2) Served as a judge or prosecutor at a selected appointment rank or as a judge at a selected appointment rank for more than eight years, or as a judge or prosecutor at a selected appointment rank or as a judge at a selected appointment rank of the Administrative Court and as an administrative official at a selected appointment rank for a total of more than eight years; or

(3) Been a professor of a major law subject at an university accredited by the Ministry of Education for more than eight years and be qualified as a functionary at a selected appointment.

Two-thirds or more of the Members of the Commission must have previously served as a judge or prosecutor or as a judge of the Administrative Court.

Members of the Commission decide cases in accordance with the law and independently, free from any interference. Before adjudicating a case, the Commission orders the impeached functionary to submit a written reply within a fixed period, and, if necessary, the functionary may be summoned to appear before the Commission to defend himself. The Chief Commissioner presides over the conference for adjudication. A majority vote of the Members present at the conference with a quorum of more than half the total number of the Members legitimately appointed is required for a decision. The conference for adjudication is held in camera and its proceedings are maintained in confidentiality. A written judgment is made for each decision on cases concerning disciplinary measures with respect to functionaries, and all the Members present at the conference must sign the judgment.

The Commission may order any of the following six disciplinary measures:

(1) removal from office, (2) suspension from office, (3) demotion, (4) salary reduction, (5) demerit, or (6) reprimand.

However, only removal from office and reprimand may be ordered for political appointees.



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