High court (Taiwan): Difference between revisions
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{{Politics of Taiwan}} |
{{Politics of Taiwan}} |
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The '''High Courts''' ({{zh|c=高等法院|p=Gāoděng Fǎyuàn|poj=Ko-téng Hoat-īⁿ}}) are the intermediate [[appellate court]]s under the [[law of Taiwan]]. |
The '''High Courts''' ({{zh|c=高等法院|p=Gāoděng Fǎyuàn|poj=Ko-téng Hoat-īⁿ}}) are the intermediate [[appellate court]]s under the [[law of Taiwan]]. Currently there are two High Courts in operation, the Taiwan High Court which has jurisdiction over the [[List of islands of Taiwan|Taiwan proper]] and [[Penghu]] (historically [[Taiwan Province]]) and the Fuchien High Court which as jurisdiction over [[Kinmen]] and [[Matsu Islands|Lienchiang]] counties (which form [[Fujian Province, Republic of China]]). The Taiwan High Court sits in the capital Taipei, but also have four other branch courts located in central and southern Taiwan. |
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==History== |
==History== |
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In 1896, the |
In 1896, the High Court of the office of the [[Governor-General of Taiwan]] ({{lang|ja|臺灣總督府高等法院}}, ''Taiwan Sōtokufu Kōtō Hōin'') was established in [[Taipei|Taihoku]]. This was the [[supreme court]] of [[Taiwan]] in the [[Taiwan under Japanese rule|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 ({{lang|ja|臺北地方法院}}) regarding [[Japanese nationality law|Japanese citizens]] (including Taiwanese and Korean) in the [[Provinces of China|Chinese provinces]] of [[Fujian]], [[Guangdong]] and [[Yunnan]]. |
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After [[World War II]], |
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. |
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==List of High Courts== |
==List of High Courts== |
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The High Courts and its branches exercise jurisdiction over the following cases:<ref name="High Court">''See'' Taiwan High Court, ''available at''http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref> |
The High Courts and its branches exercise jurisdiction over the following cases:<ref name="High Court">''See'' Taiwan High Court, ''available at''http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref> |
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* Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases; |
* Appeals from judgments of [[District Courts (Taiwan)|the District Courts]] or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases; |
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* Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings; |
* Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings; |
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* First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states; |
* First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states; |
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{{Portal|Taiwan|Law}} |
{{Portal|Taiwan|Law}} |
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* [[History of law in Taiwan]] |
* [[History of law in Taiwan]] |
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* [[Law of Taiwan]] |
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* [[Six Codes]] |
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* [[Constitution of the Republic of China]] |
* [[Constitution of the Republic of China]] |
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* [[Judicial Yuan]] |
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* [[Supreme Court of the Republic of China]] |
* [[Supreme Court of the Republic of China]] |
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* [[District Courts (Taiwan)]] |
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* [[Ministry of Justice (Taiwan)]] |
* [[Ministry of Justice (Taiwan)]] |
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* [[Supreme Prosecutor Office]] |
* [[Supreme Prosecutor Office]] |
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Revision as of 12:43, 23 January 2018
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| Chinese | 高等法院 | ||||||||||||||||||||
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| Kanji | 高等法院 | ||||||||||||||||||||
| Kana | こうとうほういん | ||||||||||||||||||||
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 Taiwan portal |
The High Courts (Chinese: 高等法院; pinyin: Gāoděng Fǎyuàn; Pe̍h-ōe-jī: Ko-téng Hoat-īⁿ) are the intermediate appellate courts under the law of Taiwan. Currently there are two High Courts in operation, the Taiwan High Court which has jurisdiction over the Taiwan proper and Penghu (historically Taiwan Province) and the Fuchien High Court which as jurisdiction over Kinmen and Lienchiang counties (which form Fujian Province, Republic of China). The Taiwan High Court sits in the capital Taipei, but also have four other branch courts located in central and southern Taiwan.
History
In 1896, the High Court of the office of the Governor-General of Taiwan (臺灣總督府高等法院, 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 (臺北地方法院) 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
| No. | Name | Chinese | Jurisdiction | ||
|---|---|---|---|---|---|
| District courts | Administrative divisions | ||||
| 1 | Taiwan High Court | 臺灣高等法院 | Hsinchu, Keelung, New Taipei, Shilin, Taipei, Taoyuan, Yilan | Hsinchu city/county, Keelung, New Taipei, Taipei, Taoyuan, Yilan | |
| 2 | Taiwan High Court Taichung Branch Court | 臺灣高等法院臺中分院 | Changhua, Miaoli, Nantou, Taichung | Changhua, Miaoli, Nantou, Taichung | |
| 3 | Taiwan High Court Tainan Branch Court | 臺灣高等法院臺南分院 | Chiayi, Tainan, Yunlin | Chiayi city/county, Tainan, Yunlin | |
| 4 | Taiwan High Court Kaohsiung Branch Court | 臺灣高等法院高雄分院 | Ciaotou, Kaohsiung, Kaohsiung Juvenile and Family, Penghu, Pingtung | Kaohsiung, Penghu, Pingtung | |
| 5 | Taiwan High Court Hualien Branch Court | 臺灣高等法院花蓮分院 | Hualien | Hualien | |
| Taitung Court | 臺東庭 | Taitung | Taitung | ||
| 6 | Fuchien High Court Kinmen Branch Court | 福建高等法院金門分院 | Kinmen | Kinmen | |
| Lienchiang Circuit Court | 連江巡迴法庭 | Lienchiang | Lienchiang (Matsu) | ||
Jurisdiction
The High Courts and its branches exercise jurisdiction over the following cases:[1]
- 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, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.[1]
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.[1]
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.[1]
See also
- History of law in Taiwan
- Constitution of the Republic of China
- Supreme Court of the Republic of China
- Ministry of Justice (Taiwan)
- Supreme Prosecutor Office
- Taiwan High Prosecutors Office
- List of law schools in Taiwan
Gallery
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Taiwan High Court -
Taiwan High Court Taichung Branch Court -
Taiwan High Court Tainan Branch Court -
Taiwan High Court Kaohsiung Branch Court
References
- ^ a b c d See Taiwan High Court, available athttp://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)