V. Building a Pyramid Structure for the
Organization of the CourtsV. Building a Pyramid Structure for the
Organization of the CourtsArticle 77 of the Constitution provides that the Judicial Yuan shall be in charge of civil, criminal, administrative, and disciplinary cases. In the present system, however, the Supreme Court, the Supreme Administrative Court and the Commission for Disciplinary Sanction of Functionaries, which are subordinate organs of the Judicial Yuan, handle such cases respectively. One conclusion reached in the 1999 National Judicial Reform Conference calls for the Judicial Yuan to reshape itself into a tribunal that handles civil, criminal, administrative, and disciplinary cases directly. The Judicial Yuan has since then been planning and endeavoring to carry out the conclusion in stages, expecting to establish a pyramidal court system and complete the reforms gradually. These reforms are being referred to as the reform of the position of the Judicial Yuan.
| Time | Stage | Main Tasks |
|---|---|---|
From July 8, 1999 to the date the Organic Act of the Judicial Yuan becomes effective
|
Preliminary | (1)revision of all relevant laws (2)first stage reorganization |
Within four years after the Organic Act of the Judicial Yuan becomes effective
|
First stage | (1)from
"plural-organ and plural-track" to
"singular-organ and plural-track" (2)incorporation of organs and contraction of organization (3)elimination of overdue cases |
Five to seven years after the Organic Act of the Judicial Yuan becomes effective
|
Second stage | (1)from
"singular-organ and plural-track with plural
divisions" to "singular-organ and plural-track
with singular divisions" (2)revision of the Constitution and relevant laws |
Eight years after the Organic Act of the Judicial Yuan becomes effective
|
Third stage | Comprising 13 to 15 Grand Justices, the Judicial Yuan reaches the goal of "singular-organ and singular-track" |
※ The Re-examination Committee on the Compensation for Wrongful Detention and Execution of the Judicial Yuan will be incorporated into its adjudicative branch. Article 5 of the Law of Compensation for Wrongful Detention and Execution will be revised accordingly. This information is not shown in the chart.
The main point of the first stage of the reform of the position of the Judicial Yuan is the incorporation of the current three final tribunals into the Judicial Yuan. That is, the Judicial Yuan shall have an adjudicative branch comprised of a civil, a criminal, and an administrative and a disciplinary division.
These divisions will respectively handle civil, criminal, administrative and disciplinary cases.
The present Council of Justices will become the Constitutional Court and will be vested with the power to interpret the Constitution, unify the interpretation of laws and orders, impeach the President and Vice President, and dissolve political parties that violate the Constitution. The present system of final tribunals will thus shift from one of a "multi-organ and multi-track system" to one of a "singular-organ and multi-track" system.