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Law Of The Republic Of China
The law of the Republic of China as applied in Taiwan, Penghu, Kinmen and Matsu is based on civil law with its origins in the modern Japanese and German legal systems. The main body of laws are codified into the Six Codes: Laws are promulgated by the 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 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 sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to ...
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Republic Of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the island around 6,0 ...
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Republic Of China (1912–1949)
The Republic of China (ROC), between 1912 and 1949, was a sovereign state recognised as the official designation of China when it was based on Mainland China, prior to the relocation of its central government to Taiwan as a result of the Chinese Civil War. At a population of 541 million in 1949, it was the world's most populous country. Covering , it consisted of 35 provinces, 1 special administrative region, 2 regions, 12 special municipalities, 14 leagues, and 4 special banners. The People's Republic of China (PRC), which rules mainland China today, considers ROC as a country that ceased to exist since 1949; thus, the history of ROC before 1949 is often referred to as Republican Era () of China. The ROC, now based in Taiwan, today considers itself a continuation of the country, thus calling the period of its mainland governance as the Mainland Period () of the Republic of China in Taiwan. The Republic was declared on 1 January 1912 after the Xinhai Revolution, wh ...
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Taiwan High Court
The high courts () are the intermediate appellate courts under the law of Taiwan. The modern court system of Taiwan was founded in 1896, under the Japanese era. Currently there are six high courts and branches in Taiwan. History In 1896, the High Court of the Government-General of Taiwan (, ''Taiwan Sōtokufu Kōtō Hōin'') was established in Taihoku. This was the supreme court of Taiwan in the Japanese era. Note that the Empire of Japan was granted extraterritoriality in China from late 19th century until World War II. This also handled the trial cases appealed from Taihoku District court () regarding Japanese citizens (including Taiwanese and Korean) in the Chinese provinces of Fujian, Guangdong and Yunnan. After World War II, the Taiwan High Court was established under the Judicial Yuan, with more high court branches were established for the increasing population. List of high courts Jurisdiction The high courts and its branches exercise jurisdiction over the foll ...
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Fujian Province, Republic Of China
Fuchien Province , also romanized as Fujian and rendered as Fukien, is a nominal province of the Republic of China (Taiwan) without formal administrative function. It includes three small archipelagos off the coast of the Fujian Province of the People's Republic of China, namely the Matsu Islands, which make up Lienchiang County, and the Wuqiu Islands and Kinmen Islands, which make up Kinmen County. The seat of the provincial government is Jincheng Township of Kinmen County serves as its de facto capital. The current Fuchien Province of the ROC, also known as the Golden Horse (after the literal reading of the Chinese character abbreviation for "Kinmen-Matsu"), was once part of the historical Fuchien Province based on Chinese mainland, encompassing both of mainland and island portions. The Chinese Civil War resulted in the effective partition of ROC's Fuchien in 1949, the mainland portion has since been under the People's Republic of China's rule, while the offshore i ...
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Formosa
Taiwan, officially the Republic of China (ROC), is an island country located in East Asia. The main island of Taiwan, formerly known in the Western political circles, press and literature as Formosa, makes up 99% of the land area of the territories under ROC control. The main island measures and lies some across the Taiwan Strait from the southeastern coast of the People's Republic of China (PRC). The East China Sea lies to the north of the island, the Philippine Sea to its east, the Luzon Strait directly to its south and the South China Sea to its southwest. The ROC also controls a number of smaller islands, including the Penghu archipelago in the Taiwan Strait, the Kinmen and Matsu Islands near the PRC's coast, and some of the South China Sea Islands. Geologically, the main island comprises a tilted fault block, characterized by the contrast between the eastern two-thirds, consisting mostly of five rugged mountain ranges running parallel to the east coast, and the flat to ...
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Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. The territories controlled by the ROC consist of 168 islands, with a combined area of . The main island of Taiwan, also known as ''Formosa'', has an area of , with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. The capital, Taipei, forms along with New Taipei City and Keelung the largest metropolitan area of Taiwan. Other major cities include Taoyuan, Taichung, Tainan, and Kaohsiung. With around 23.9 million inhabitants, Taiwan is among the most densely populated countries in the world. Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the is ...
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Control Yuan
The Control Yuan is the supervisory and auditory branch of the government of the Republic of China (Taiwan). Prior to constitutional reforms in the 1990s, the Control Yuan, along with National Assembly (electoral college) and the Legislative Yuan (lower house) formed the national tricameral parliament. It functioned similarly to an upper house of a bicameral legislature, though it formed its own separate branch and was indirectly elected by provincial or municipal legislatures with 178 senators elected. Designed as a hybrid of auditor and ombudsman by Taiwanese law, the Control Yuan holds the following powers:See Additional Articles of the Constitution art. 7, available at * ''Impeachment'': The Control Yuan has the power to impeach government officials. Successfully impeached cases then go to the Disciplinary Court of the Judicial Yuan for adjudication. Impeachment of the President and the Vice President of the Republic follows a different procedure and does not go ...
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Examination Yuan
The Examination Yuan is the civil service commission branch, in charge of validating the qualification of civil servants, of the government of the Republic of China (Taiwan). It has a president, a vice president, and seven to nine members, all of whom are nominated by the president of the republic and confirmed by the Legislative Yuan for four-year terms according to Republic of China laws. Organizational structure Members composition The Examination Yuan consists of a council with a president, a vice president, and seven to nine members. The leaders and members are nominated by the president of the republic and approved by Legislative Yuan for four-year terms. The incumbent 13th Examination Yuan was nominated by President Tsai Ing-wen on May 28, 2020, and later confirmed by Legislative Yuan on July 10, 2020. Members were inaugurated on September 1, 2020, and their terms expire on August 31, 2024. Agencies The Examination Yuan has four main agencies: * The Minist ...
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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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Free Area Of The Republic Of China
The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to the territories under its actual control. The area currently under the definition consists of the island groups of Taiwan, Penghu, Kinmen, Matsu and some minor islands. This term is used in the "Additional Articles of the Constitution of the Republic of China". The collective term "Tai-Peng-Kin-Ma" is literally equivalent except that it only refers to the islands of Taiwan, Penghu, Kinmen and Matsu Area, to the exclusion of the South China Sea possessions— Pratas Island (Tungsha/Dongsha) and Taiping Island. The term is complementary to "Mainland Area", which is practically viewed as being synonymous to mainland China, despite the fact that the ROC constitutional definition of Mainland Area was a more extensive concept which also i ...
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Government Of The Republic Of China
The Government of the Republic of China, is the national government of the Republic of China whose ''de facto'' territory currently consists of Taiwan, Penghu, Kinmen, Matsu and other island groups in the " free area". Governed by the Democratic Progressive Party, the president is the head of state. The government consists of the presidency and five branches (Yuan): the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan. Originally established in 1912 in Nanking, the Government of the Republic of China relocated several times before finally moving to Taipei, Taiwan in 1949 because of its military losses in the Chinese Civil War. The government has historically been dominated by the Kuomintang under the Dang Guo authoritarian regime, but the situation has changed as Taiwan evolved into a multi-party democracy. Organizational structure The government formally consists of the presidency and five branches of government, modeled ...
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Additional Articles Of The Constitution Of The Republic Of China
The Additional Articles of the Constitution of the Republic of China are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan "prior to national unification". The Additional Articles are usually attached after the original constitution as a separate document. It also has its own preamble and article ordering different from the original constitution. The Additional Articles are the fundamental law of the present government of the Republic of China on Taiwan since 1991, last amended in 2005. Features Free area The territory controlled by the Government of the Republic of China changed significantly after the Chinese Civil War, and the Republic of China could not hold elections in territories it did not control. Thus, the Additional Articles of the Constitution defines the Free Area ( Chinese: , Mandarin: Zìyóu Dìqū, Taiwanese: Chū-iû Tē-khu, Hakka: Chhṳ-yù Thi-khî) to b ...
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