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Supreme Court Of The Republic Of China
The Supreme Court of the Republic of China () is the court of last resort in the Republic of China (Taiwan), except matters regarding interpretation of the Constitution and unifying the interpretation of laws and orders which are decided by the Constitutional Court of the Judicial Yuan. History The court in Taiwan (Formosa) was originally established in 1896, the second year after Taiwan became a part of Japan. The Taiwan High Court at this era, can be considered to be the ''de facto'' supreme court in Taiwan, because the case cannot be further appealed to the Supreme Court in Tokyo. After the second world war, Japan gave up its sovereignty on Taiwan, and the supreme court of Taiwan's judicial system has become the Supreme Court of the Republic of China. The Supreme Court of the Republic of China was originally established as the Ta Li Yuan () in 1909. After the Chinese reunification, the government of the Republic of China renamed the Dali Yuan to the Supreme court in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
People's Republic Of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Six Codes
Six Codes (六法) refers to the six main legal codes that make up the main body of law in Japan, South Korea, and the Republic of China (Taiwan). Sometimes, the term is also used to describe the six major areas of law. Furthermore, it may refer to all or part of a collection of statutes. The word ''roppō'' is a slightly adapted form of the word used in Japanese to describe the Napoleonic Code (ナポレオン五法典 Napoleon go-hōten) when it was brought over during the early Meiji period.Masaji Chiba “Japan” edited by Poh-Ling Tan, “Asian Legal Systems” Butterworths, London, 1997. Although, French Emperor Napoleon enacted five major codes, which were, in Japanese, altogether metonymically referred to as "the Napoleonic Code" (the official name of the Civil Code, the first and most prominent one), the Japanese added to this their own constitution to form six codes in all, and thus it came to be called the ''roppō'' or "six codes." Legislation in Japan tends to be t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of Law In Taiwan
This page is a history of the legal regime in Taiwan. Aboriginal Law (pre-1624) The earliest majority inhabitants of Taiwan were probably from Southeast Asia and are racially similar to the Malay group who inhabit Malaysia and Indonesia. Other minority groups to inhabit Taiwan during this time were the Han Chinese, Japanese traders, European explorers, missionaries, and other traders. One origin of law of Aboriginal peoples came from a concept of ''chongzu'' 崇祖, or ancestral worship.See Wang Tay-Sheng, TAIWAN FALÜSHI GAILUN eneral Discussion on Taiwanese Legal History19-30 (2001). Ancestral spirits were believed to exist forever and co-exist among the living. It was thought that if you violate customs or taboo, this would possibly result in some sort of catastrophe and would require subsequent prayer to the ancestors to avoid such a catastrophe from happening again. Breaking the law was thought to have the result of multiple levels of trouble for you or your family. Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chang Chin-lan
Chang Chin-lan (; 1917–1975) was the first female judge in the Republic of China, as well as the first female justice on the Supreme Court of the Republic of China. She became the first female to serve as the Judge of the Judicial Yuan (Constitutional Court) of the Republic of China (Taiwan) in 1970. See also *List of first women lawyers and judges in Asia This is a list of the first women lawyers and judges in Asia. It includes the year in which the women were admitted to practice law (in parentheses). Also included are the first women in their country to achieve a certain distinction such as obtain ... References 1917 births 1975 deaths Chinese women judges Taiwanese people from Shandong Taiwanese women judges Northwest University (China) alumni Deaths from cancer in Taiwan {{Taiwan-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Xie Yingzhou
Xie Yingzhou (; 1894–1972) was a Chinese-born jurist. Career Xie Yingzhou was born in 1894 to accountant Xie Weinan, who later served on the . Xie's courtesy name was Xianting.民國人物小傳11，傳記文學出版社，1981年 He was educated in Tsungfa, and completed secondary education elsewhere in Guangdong and Shanghai. Xie married Gao Yicha at the age of 20, then left for France, where he pursued legal studies at the University of Paris. Xie returned to China in 1924, joined the Kuomintang, and was offered a position on the faculty of law at National Guangdong University by school president . The next year, Xie was named to positions within the Guangdong branch of the Kuomintang, working alongside . In 1927, Xie began teaching at the Republic of China Military Academy, National Central University in Nanking and the Peking University Law School. On 6 November 1928, Xie started working at the Examination Yuan. That December, he transferred to the Ministry of Justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Xia Qin
Xia Qin () (1892–1950) was President of the Supreme Court of the Republic of China (February 3, 1945 – July 13, 1948). He was born in Taizhou, Jiangsu. In early life, he studied abroad at the university of Tokyo, Japan and returned to China in 1917. He joined the government of the Republic of China in August 1927. He died of diabetes in Hong Kong, where he went after the Communist Party of China takeover of the mainland following victory in the Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m .... References People from Taizhou, Jiangsu Chuo University alumni 1892 births 1950 deaths Chief justices {{Asia-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ju Zheng
Ju Zheng (; November 8, 1876 – November 23, 1951) né Ju Zhijun (居之骏), was a Chinese politician who was a leader in the Chinese Nationalist Party, or KMT, in the 1930s and 1940s. As president of the Judicial Yuan, he administered China's court system from 1932 to 1948. He ran in the presidential election of 1948 as the token opponent of Chiang Kai-shek. He was also known by his courtesy name Juesheng (Chueh-sheng, 覺生 / 觉生). Life and career Ju was born in Guangji, Huangzhou in Hubei Province (modern Wuxue city) on November 8, 1876. He joined the Tongmenghui, a revolutionary party founded by Sun Yat-sen, while studying law at Nihon University in Japan in 1907. Later, he worked for Chinese-language newspapers in Rangoon and Singapore. He returned to China to work for an anti-Qing revolutionary faction in Hubei. In 1912, he was briefly vice minister of the interior in the Provisional Government in Nanjing with Sun as president. He was commander of the Woosung Forts n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vaca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extraordinary Appeal
An Extraordinary Appeal is a special relief litigation procedure established in several Civil Law Systems, with an aim to correct judicial errors, wrongful convictions, and unifying the interpretation of statutes and regulations. As a general rule, it is designed for the benefit of the defendant. Typically it can only be filed under circumstances where the final court decision in question is unfavorable to the defendant, and the defendant might be eligible for exoneration or sentence reduction due to such appeal. Explanation Normally, no matter how obvious an error is in a verdict or judgement, it cannot be corrected unless either party appeals. Therefore, if the verdict in question is from a supreme court, there would be absolutely no relief due to the lack of a superior court. In order to deal with the possibility of the supreme court making a mistake, extraordinary appeal was introduced as a remedy to correct any finalized court decisions. Although there are no limits regardi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Courts (Republic Of China)
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
