High Court (Taiwan)
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The high courts () are the intermediate
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
s under the
law of Taiwan 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 promul ...
. The modern court system of Taiwan was founded in 1896, under the
Japanese era The , also known as , is the first of the two elements that identify years in the Japanese era calendar scheme. The second element is a number which indicates the year number within the era (with the first year being ""), followed by the literal ...
. Currently there are six high courts and branches in
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 nort ...
.


History

In 1896, the High Court of the
Government-General of Taiwan The Government-General of Taiwan (Japanese: , Kyūjitai: , Hepburn: ''Taiwan Sōtoku-fu''; ; Tâi-lô: Tâi-uân Tsóng-tok-hú; Pha̍k-fa-sṳ=Thòi-vân Chúng-tuk-fú) was the government that governed Taiwan under Japanese rule between 189 ...
(, ''Taiwan Sōtokufu Kōtō Hōin'') was established in
Taihoku Taihoku Prefecture (台北州; ''Taihoku-shū'') was an administrative division of Taiwan created in 1920, during Japanese rule. The prefecture consisted of modern-day Keelung, New Taipei City, Taipei and Yilan County. Its government office, ...
. This was the
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 ...
of
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 nort ...
in the
Japanese era The , also known as , is the first of the two elements that identify years in the Japanese era calendar scheme. The second element is a number which indicates the year number within the era (with the first year being ""), followed by the literal ...
. Note that the
Empire of Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent fo ...
was granted
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in
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 ...
from late 19th century until
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. This also handled the trial cases appealed from Taihoku District court () regarding
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(including Taiwanese and Korean) in the
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of
Fujian Fujian (; alternately romanized as Fukien or Hokkien) is a province on the southeastern coast of China. Fujian is bordered by Zhejiang to the north, Jiangxi to the west, Guangdong to the south, and the Taiwan Strait to the east. Its capi ...
,
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and
Yunnan Yunnan , () is a landlocked Provinces of China, province in Southwest China, the southwest of the People's Republic of China. The province spans approximately and has a population of 48.3 million (as of 2018). The capital of the province is ...
. After
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, the Taiwan High Court was established under the
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 Constitution ...
, 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 following cases:''See'' Taiwan High Court, ''available at''http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012) * Appeals from judgments of the district courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases; * Interlocutory appeals from rulings of the district courts or their branches in ordinary proceedings; * First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states; * Military appellate cases whose judgments are imprisonment for a definite period rendered by the high military courts and their branches; and * Other cases prescribed by law. The high courts and its branch courts are divided into civil, criminal and specialized divisions. Each division is composed of one division chief judge and two associate judges. Additionally, each high court and its branch courts have a clerical bureau, which is headed by a chief clerk who assists the president with administrative affairs. Cases before the high courts or its branch courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings. The court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.


See also

* History of law in Taiwan *
Constitution of the Republic of China The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, ...
*
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 ...
*
Ministry of Justice (Taiwan) The Ministry of Justice (MOJ, ) is a ministerial level governmental body of the Republic of China (Taiwan), responsible for carrying out various judicial functions. History Taiwan's first Justice Ministry was created in 1895 under Japan's Mi ...
*
Supreme Prosecutors Office The Supreme Prosecutors Office () is the highest prosecution authority in the Republic of China, commonly known as Taiwan. Organizational structure * Statistics Office * Accounting Office * Civil Service Ethics Office * Personnel Office * Inform ...
*
Taiwan High Prosecutors Office The Taiwan High Prosecutors Office (THPO; ) is located in Taipei, Taiwan. The territorial jurisdiction covers the jurisdictions of Taipei, Shilin District, Shilin, New Taipei, Taoyuan City, Taoyuan, Hsinchu, Keelung and Yilan County, Taiwan, Yilan ...
*
List of law schools in Taiwan In Taiwan, law can be studied in an undergraduate program resulting in a Bachelor of Law (LL.B.) or a postgraduate degree resulting in a Masters of Law (LL.M.). Some LL.M. programs in Taiwan are offered to students with or without a legal backgroun ...


Gallery

File:Civil_Division_Building,_Taiwan_High_Court_20061115.jpg, Taiwan High Court File:Taiwan_High_Court_Taichung_Branch_Court.JPG, Taiwan High Court Taichung Branch Court File:台南高等法院.JPG, Taiwan High Court Tainan Branch Court File:高雄高等法院.JPG, Taiwan High Court Kaohsiung Branch Court


References


External links


Taiwan Law Resources

The Judicial Yuan



Fuchien High Court Kinmen Branch Court

The Ministry of Justice
{{Courts of China Law of Taiwan Courts in Taiwan