Lay Judges In Taiwan
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Lay Judges In Taiwan
Lay judges in Taiwan are regulated by the Citizen Judges Act (國民法官法) passed by the Legislative Yuan in July 2020 and were introduced in January 2023. Background In her second inaugural address, President Tsai Ing-wen discussed implementing a lay judge system. Subsequently, the preparatory committee for the second National Conference on Judicial Reform was convened in November 2016, following the first conference in July 1999, which led to amendments of the in February 2003. The 2016–2017 conference considered a number of proposals, including decriminalizing defamation to protect freedom of speech, extending protections offered to judicial victims, independent evaluation of judicial performance, and more amendments to the Code of Criminal Procedure and Implementation Rules of the Code of Criminal Procedure, drafts of which were approved in July 2019. Throughout the tenure of the second National Conference on Judicial Reform, judicial reform advocacy organizations cont ...
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Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for 4-year terms by people of the Taiwan Area through a parallel voting system. Originally located in Nanking, the Legislative Yuan, along with the National Assembly (electoral college) and the Control Yuan (upper house), formed the tricameral parliament under the original 1947 Constitution. The Legislative Yuan previously had 759 members representing each constituencies of all provinces, municipalities, Tibet, Outer Mongolia and various professions. Until democratization, the Republic of China was an authoritarian state under Dang Guo, the Legislative Yuan had alternatively been characterized as a rubber stamp for the then-ruling regime of the Kuomintang. Like parliaments or congresses of other countries, the Legislative Yuan is responsible for the passage of legislation, which is then sent to the ...
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Tsai Ing-wen
Tsai Ing-wen (; born 31 August 1956) is a Taiwanese politician serving as president of the Republic of China (Taiwan) since 2016. A member of the Democratic Progressive Party (DPP), Tsai is the first female president of Taiwan. She served as chair of the DPP from 2020 to 2022, and also previously from 2008 to 2012 and 2014 to 2018. Tsai grew up in Taipei and studied law and international trade, and later became a law professor at Soochow University School of Law and National Chengchi University after earning an LLB from National Taiwan University and an LLM from Cornell Law School. She later studied law at the London School of Economics and Political Science, with her thesis titled ''"Unfair trade practices and safeguard actions",'' and was awarded a Ph.D. in law from the University of London. In 1993, as an independent (without party affiliation), she was appointed to a series of governmental positions, including trade negotiator for WTO affairs, by the then ruling party Ku ...
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Lay Judge
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial (as jurors are), or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often. In different countries Austria In criminal proceedings, lay judges sit alongside professional judges on cases carrying a maximum punishment of more than five years, as well as for political crimes. Lay judges are also used in labor, social, and commercial ...
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Judicial Yuan
The Judicial Yuan () is the judicial branch of the government of the Republic of China on Taiwan.''See'' Constitution arts. 77-82, ''available at'' ''See'' Additional Articles of the Constitution art. 5, ''available at'' It runs a Constitutional Court and oversees all systems of courts of Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:''See'' Introduction to the Judicial Yuan, ''available at'' * ''Interpretation'' – Constitutional Court interprets the Constitution and other statutes and regulations by either the central government or local governments. * ''Adjudicate'' – Most civil, criminal, and administrative cases are adjudicated by the respective courts supervised by the Judicial Yuan. The Constitutional Court adjudicate Presidential impeachment and political party dissolution cases. * ' ...
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Executive Yuan
The Executive Yuan () is the executive branch of the government of the Republic of China (Taiwan). Its leader is the Premier, who is appointed by the President of the Republic of China, and requires confirmation by the Legislative Yuan. Under the amended constitution, the head of the Executive Yuan is the Premier who is positioned as the head of government and has the power to appoint members to serve in the cabinet, while the ROC President is the head of state under the semi-presidential system, who can appoint the Premier and nominate the members of the cabinet. The Premier may be removed by a vote of no-confidence by a majority of the Legislative Yuan, after which the President may either remove the Premier or dissolve the Legislative Yuan and initiate a new election for legislators. Organization and structure The Executive Yuan is headed by the Premier (or President of the Executive Yuan) and includes its Vice Premier, twelve cabinet ministers, various chairpers ...
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Hsu Tzong-li
Hsu Tzong-li (; born 10 February 1956) is a Taiwanese judge who has served as the President of the Judicial Yuan since 2016. Academic career Hsu studied at National Taiwan University and later, in 1986, obtained his PhD in law (Dr.iur.) from the University of Göttingen in Germany. Later that year, he began teaching law at Fu Jen Catholic University and moved to NTU in 1987. He was elected dean of NTU's law school in 2002. Legal career He was a member of the Fair Trade Commission from 1995 to 1998 and led the Taiwan Law Society from 2001 to 2003. Judicial Yuan Hsu was named a member of the Judicial Yuan in 2003 and left the bench in 2011. As president Hsu was appointed the President of the Judicial Yuan on 25 October 2016 after his nomination was approved by legislators after a week of questioning. His selection was challenged with allegations of unconstitutionality, as Hsu had previously served on the Judicial Yuan. Article V of the Additional Articles of the Constitution ...
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District Courts (Taiwan)
The district courts () are the ordinary trial courts of general jurisdiction under the law of Taiwan. Currently there are 22 district courts under the jurisdiction of the Republic of China (Taiwan). History District courts (, ''chihō-hōin'') were first established in Taiwan in 1896. The jurisdiction of the district courts changed several times in the Japanese era. There were five (5) district courts in Taiwan as of 1945, the end of the Japanese rule, when the courts were incorporated into the Republic of China court system. Note that the Empire of Japan was granted extraterritoriality in China from late 19th century until World War II. During this time, Taihoku District Court also handled the trial cases regarding Japanese citizens (including Taiwanese and Korean) in the Chinese provinces of Fujian, Guangdong and Yunnan. After World War II, more district courts were established as the population growth. The newest district court, Ciaotou District Court, was established in ...
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Taiwanese Nationality Law
Taiwanese nationality law details the conditions in which a person is a Nationality, national of the Taiwan, Republic of China (ROC), commonly known as Taiwan. Foreign nationals may naturalize if they are permanent residents in any part of the ROC or they have immediate family members who are ROC citizens. Residents of the Mainland China, Mainland Area and historically, Outer Mongolia are also considered citizens of the Republic, due to the ROC's extant claim over areas controlled by the China, People's Republic of China (PRC) and Mongolia. Civil and political rights usually associated with citizenship (such as voting and residence rights) are tied to an ROC national's Domicile (law), domicile, determined by whether they have household registration in Taiwan. History Taiwan was governed by the Qing dynasty, the last Dynasties in Chinese history, imperial dynasty of China, from 1683 to 1895. Following the First Sino-Japanese War, the islands of Geography of Taiwan, Taiwan a ...
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Law Of Taiwan
The law of the Republic of China as applied in Free area of the Republic of China, Taiwan, Penghu, Kinmen and Matsu is based on civil law (legal system), civil law with its origins in the modern Japanese law, Japanese and German law, German legal systems. The main body of laws are codified into the Six Codes: Laws are promulgated by the President of the Republic of China, President after being passed by the Legislative Yuan; the enforcement rules of laws issued by the competent authority under the Executive Yuan designated by the legislation. Historic background Taiwan under Japanese rule After Taiwan ceded to Empire of Japan, Japan in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the German Civil Code and the French Civil Code. The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these secti ...
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2023 In Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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Juries
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European civil law or Islamic sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia have phased these out. The modern criminal court jury arrangement has evolved out of the medieval j ...
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