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District court (Taiwan)

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In the law of the Republic of China, the District Courts are the ordinary trial courts of general jurisdiction. Template:ChineseText

Courts

There are currently 19 District Courts on the island of Taiwan: Taipei （台北）, Panchiao （板橋）, Shihlin （士林）, Taoyuan （桃園）, Hsinchu （新竹）, Miaoli （苗栗）, Taichung （台中）, Nantou （南投）, Changhua （彰化）, Yunlin （雲林）, Chiayi （嘉義）, Tainan （臺南）, Kaohsiung （高雄）, Pingtung （屏東）, Taitung （臺東）, Hualien （花蓮）, Yilan (宜蘭), Keelung (基隆), Penghu (澎湖); and two District Courts in Fujian: Kinmen (金門) and the Matsu Islands (馬祖).[1]


Divisions

Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgment. The civil summary procedure is for cases involving an amount in controversys of not more than 300,000 New Taiwan dollar and for simple legal disputes.[1] Currently there are a total of 45 divisions in Taiwan.[1] Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.[1]

Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order.[1] Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.[1]


Judges

A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases.[1] A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings.[1] Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge.[1] The Juvenile Court hears and decides only cases involving juveniles.[1]

Jurisdiction

District Courts have jurisdiction over the following cases:[1]

  • Ordinary or summary civil and criminal cases as well as civil small claim cases as courts of the first instance;
  • Civil and criminal appeals or interlocutory appeals from decisions rndered by the summary divisions;
  • Juvenile matters;
  • Family matters;
  • Traffic cases;
  • Civil compulsory execution cases;
  • Non-contentious matters;
  • Civil protection writs;
  • Rehabilitation of delinquents;
  • Labor-management disputes;
  • Elections and recalls;
  • Violations of the Statute for the Maintenance of Social Order;
  • Other cases prescribed by law.

See also

References

  1. ^ a b c d e f g h i j k See, Taipei District Court, About Us - Organization, http://tpd.judicial.gov.tw/indexen.asp?struID=52&navID=53&contentID=125 (last visited Dec. 1, 2010)

External links

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