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Taiwanese Legal System in Asia

Taiwan (official name: the Republic of China) is situated in East Asia. The legal system in Taiwan is mixed (Civil law + Customary law), specially based in the Civil law system. Taiwan had the first constitutional republic in Asia.

Legal Research in Taiwan: a Guide for Lawyers

In a globalized world, lawyers outside Taiwan may come into contact with Taiwanese law, Taiwanese lawyers or Taiwanese clients, and the last would be better served when their lawyers have an understanding of the essential characteristics and aspects of the Taiwanese legal system. Likewise, in researching Taiwanese law, it is important for non-Taiwanese lawyers not to limit their inquiry to their country sources. In addition, instead of looking for precedents, in Taiwan lawyers browse first the provisions of the corresponding legislation for an appropriate legal principle applied to the case or Taiwanese law problem.

Any serious legal issue involving Taiwan must require consultation with a lawyer trained and licensed in Taiwan. International materials and resources, like this Encyclopedia, however, may provide some familiarity with the basic concepts of the Taiwanese law, a solid starting point and new perspectives and solutions that are not apparent, sometimes, from within a non-Taiwanese legal tradition. Their study may help the non-Taiwanese lawyer to determine the general nature of a problem, and can facilitate a better understanding with the Taiwanese colleague who may be called in to assist.

Where to Start

General Information about Taiwan and their Legal Tradition

Taiwan and their People

Read about Taiwan and their People here.

Historical Background of Taiwan

Overview of the history of Taiwan.

Legal Education

Offering a summary of the legal education, including law schools , in Taiwan.

Development of Taiwanese Law

Report on the development of the law in Taiwan.

Structures of Taiwanese Law

It offers a description of the structures of the law in Taiwan.

Sources of the Taiwanese Law

Summary of the sources of Law in Taiwan.

Historical Background

More about the history of the Taiwanese law here.

Enacted Law in Taiwan

Read more about the legislation in Taiwan.

• The Taiwanese Constitution

Learn more about the Constitution of Taiwan.

• Taiwan Codes and Statutes

Survey of Taiwanese Codes and Statutes.

• Taiwan Statutory Decrees

Outline of the Taiwan Statutory Decrees.

• Taiwan Regulations

Scope of the Regulations enacted in Taiwan.

• Taiwan By-Laws

Observation about the By-Laws in existence in Taiwan.

Customary Law

Learn more about the customary law of Taiwan.

Case Law as a Source of Law

Analysis of the Case Law in Taiwan.

Precedents in Taiwan

Evaluation of the role of Precedents in the Taiwanese legal system.

Doctrine in Taiwan

Review of the legal Doctrine in Taiwan.

International sources of law

See more about the international sources of law in Taiwan and Asia, including International Treaties.

The Taiwanese Government System

Study of the Government system in existence in Taiwan.

Taiwanese Constitutional Structure

Overview of the Constitutional Structure in Taiwan.

Historical Background

Read more about the history of the Government System of the country.

General Characteristics of the Constitution

Constitution of Taiwan: the main features.

Human Rights in Taiwan

Scope of the Civil and Human rights in the country.

Legislative Branch

The legislative branch proposes laws. Find a description of the Legislative Power in Taiwan here.

Structure of the Taiwanese Legislative Branch

Observation of the structure of the legislative power in Taiwan.

Functions and Powers

See more about the role of the legislative power in Taiwan here.

Legislative Process

Read how the Taiwanese legislative procedures work here.

Supervision of the Executive

Learn how the legislative branch supervises the executive branch.

Executive Branch

The executive power proposes laws. Read more.

Head of State in Taiwan

The head of state of Taiwan is the formal head of the executive, legislature and judiciary of Taiwan.

Head of Government in Taiwan

The head of government in Taiwan is the Prime Minister of Taiwan, the political leader of the government of Taiwan.

Taiwanese Council of Ministers

See information about the Cabinet Ministers of Taiwan here.

Taiwanese Local Governments

Review of the local government powers in Taiwan. See the definition of local rule here.

Local Organizations of Central Administration

The central administration consists of a number of ministries and other organizations, including local ones. Various departments, offices and divisions are established in each ministry in Taiwan. See the definition of centralization here.

Taiwanese Municipalities

Outlook of the cities, towns, villages and other communities, including municipal courts (when applicable), and their legal authority in Taiwan.

Judiciary Branch

The judiciary power interprets and applies laws. Find here a review of the Judicial System in Taiwan.

Main Features of the Judiciary

Read the most important characteristics of the Judiciary system in Taiwan here.

Taiwan Judicial Structure

Report of the Court Organization and Jurisdiction in Taiwan.
The Courts in Taiwan may be divided into:

• High Courts

Description of the functioning of high courts in Taiwan.

• Lower Courts

Summary of the roles of courts of lesser rank.

Sentencing

Information about rules that influence sentencing in Taiwan.

Participants in the Administration of Justice

Survey about the players in the Administration of Justice in Taiwan and other countries.

Judges

Information about the impartial administration of justice, the independence and status of the judiciary and other issues related to Judges in Taiwan.

Public Prosecutors

The role of those government officials who represent, in Taiwan, legal authorities (often prosecuting criminal actions in Taiwan and Asia).

The practice of law

More about the practice of law in Taiwan and Asia.

The legal professions

Outline of the legal professions in Taiwan and Asia.

Practitioners (Lawyers and others)

Learn about the legal role of practitioners, specially lawyers.

Notary-Public in Taiwan

Overview about Public Notaries practising in Taiwan.

Court reporter – Clerks

Overview of Court reporters and Clerks in Taiwanese and Asian courthouses.

Civil Law Procedure

Outlook of the main features of the Taiwanese civil process, including:

Pretrial Proceedings in Taiwan

Information about what pretrial proceedings consist of.

The Trial in Taiwan

Review of the judicial examinations in civil or criminal actions in Taiwan.

Civil Litigation

Overview of the steps of litigation in Taiwan, the litigator’s role and the types of civil litigation in the country here.

Evidence

Evidence law outline in Taiwan.

The Judgment

Outlook of the tribunal decisions in Taiwan. For Judgments which are of significance as legal precedents on points of law in Taiwan, see precedents.

The Effect of the Judgment

Overview of effects and recognition of a valid judgment delivered by a court of competent jurisdiction in Taiwan.

Legal Remedies in Taiwan

Enforcement of a legal right ordered by the court. See also the Judicial Relief definition.

Appeals – Judicial Review

Description of the Appeals process and the Judicial Review process of challenging the lawfulness of decisions in Taiwan.

Criminal Law Procedure

Observation of the Criminal Process.

The Investigation of Crime

Scope of the investigation of crimes:

• Preparatory Investigation.
• Preliminiary Investigation.
• Final Investigation(Trial).

The Prosecution of Crime

Crime Prosecution.

Criminal Trials in Taiwan

Laws and rules of the administration of justice when a person has been accused of a crime.

Appeals – Judicial Review

When a party files an appeal, asking to review the case:

• Criminal Appeals in Taiwan.
• Legal Review.

Alternative Dispute Resolution in Taiwan

Method of resolving disputes out-of-court (ADR).

Private Law

Family Law in Taiwan

Guide to Marriage Law, Succession Law and other Family Law topics in Taiwan.

Contract Law in Taiwan

Contracts Law outline in Taiwan.

Tort Law in Taiwan

Regulating claims by civil wrongs that result in an injury or harm.

Property Law in Taiwan

Real property and Personal property law in Taiwan.

Copyright and Industrial Property

Survey of industrial and intellectual property laws in Taiwan.

Foreign Trade

Regulation of Foreign Trade in Taiwan and Asia.

Business Law in Taiwan

Besides commercial law and the law of corporations and other entities, this guide provides comprehensive information about:

• Business Law in General in Taiwan.
• Law Governing Conduct of Business.
• Laws on Foreign Capital and Investment in Taiwan, including incentives.
• Regulation of companies, corporations and other business organizations in Taiwan.
• Private International Conflict of Laws in Taiwan and Asia.

Criminal Law in Taiwan

Penal law involves prosecution for a crime in Taiwan and Asia. Find out more.

Family Law in Taiwan

Family legal issues including:

• Divorce and separation
• Child protection, custody, support and access
• Adoptions
• Property Division

Public Law

More about Public Law here.

Administrative Law

Report of the branches of the Administrative law, including Environmental law.

Administrative Processes

Administrative Processing in Taiwan and Asia.

Taxation

Taxation in Taiwan explained.

Labor Law

Overview of the labor law and social security in Taiwan.

Asia Legal Systems

• The Constitutional Systems and Traditions of Asia.
• Asian history and cultural development.
• Reception of transplanted legal systems in Taiwan and Asia.
• English Glossary and Dictionary of Selected Legal Terms of Taiwan

Further Resources

History of the Taiwanese Legal System

The Taiwanese legal tradition has been shaped by many different influences, domestic as well as foreign. More than one different legal system has coexisted in Taiwan at various points in the long country history. The Portal of Taiwanese law provides introductory entries about the background and history of the law of the country.

Taiwan Law Portal

The Taiwan Law Portal provides an introductory overview of the history of legal development in Taiwan, major legal concepts, the structure of Taiwanese government, the Taiwanese judicial and court system, and peculiar characteristic of the response of the Taiwanese legal system to development in Taiwan.

The Taiwan Portal presents the main areas of its legal system and the wider aspects of how law is made and reformed. The entries of the Taiwan Law Portal include consideration of the primary features of the Taiwanese legal system, including the Taiwanese legal history, Taiwanese judicial structure and operation, the Taiwanese Constitution and the legislative and administrative structure and process. The contents of the Taiwan Portal also include discussion of Taiwanese legal actors (including Taiwanese lawyers), legal education, judges and other participants in the Taiwanese legal landscape.

The Portal introduces legal professionals, students and the general reader to terms and concepts necessary for understanding the Taiwanese legal system, the jurisdiction, organization and authority of courts in Taiwan, and the Taiwanese judicial interpretation and decision-making. The substantive areas of law such as public law, torts and product liability, property (including intellectual property rights and copyright infringements), and family law are also covered. The Portal also treats the law governing the main business legal topics: contracts, business regulation, companies and taxation. It also examines the civil, criminal and administrative processes, the procedural rights, main court opinions and the various modes of alternative dispute resolution available in Taiwan.

Useful to the reader of the Encyclopedia as a reference, the Portal provides a table of cases, indices provides even greater detail, a glossary of selected legal terms and many entries provide bibliographies for further reading.

Comparative Law and Legal Systems in Asia

One of the goals of the comparative law is to wrap up the similarities and differences among countries, including Taiwan. the different legal traditions in Asia and could be able thereby better to understand the Taiwanese law. to the reception of legal systems in Taiwan and other countries of Asia, with special reference to the reception of foreign law (specially English law and Islamic law) by these countries.

The Asian Encyclopedia of Law provides a survey of the legal systems of almost all the Asian jurisdictions. Being the Encyclopedia a work in progress, the length of the entries may vary considerably. Each country section includes a description of their major subject areas of law, notes on the main compilations (or official codifications), a detailed listing of legislation covering specific topics and resources for enacted laws and judicial decisions (including references to further online sources).

Conclusion about the Legal System of Taiwan

A good comprehension of the Taiwanese legal system requires knowledge and skill in a number of disciplines. The Taiwanese system itself is the result of developments in law, economy, politics, sociological change and the theories which feed all these bodies of knowledge. The law or Taiwan may be relevant in a foreign jurisdiction court proceeding involving international transactions. The Knowledge of the Taiwanese traditions and its legal institutions allows a good understanding of the Taiwanese law, its institutions and processes and sets the Taiwanese law and system in a social context.

This guide introduces some of the main procedural and substantive Taiwanese principles, with a more detailed treatment of resources in the major subject areas of the Taiwanese law, with access to primary materials.

The general reader and students may learn some basic legal concepts and principles of the Taiwanese law, to explain how the Taiwanese legal system operates, and to provide a sense of how the systems within Taiwan have evolved historically in Taiwan from its origins.

A globally focused guide like this site, including the legal concepts and principles of Asia, cannot
avoid taking many culture-specific elements into account.

About the Author

Salvador Trinxet Llorca is a law writer, professor and lawyer specialized in comparative and international law.

See Also

• Legal Systems
• Comparative Law Contents
• Hindu Law in General
• Chinese Law in General
• Common Law Systems
• Code Law Systems
• Socialist Legal Systems
• English Law System
• English Common Law
• Rules
• International Customary Law
• Islamic Law
• Legal pluralism
• Rule of law
• Adversarial System
• Inquisitorial Legal System
• Legal Pluralism
• Legal Positivism

References and Further Reading

• Comparative law in a global context: the legal systems of Asia and Africa, Werner Menski
• Asian legal systems: law, society, and pluralism in East Asia, Poh-Ling Tan
• Philanthropy and law in Asia: a comparative study of the nonprofit legal systems in ten Asia Pacific societies, Thomas Silk
• Law and legal institutions of Asia: traditions, adaptations and innovations, E Ann Black; Gary F Bell
• Law, capitalism and power in Asia: the rule of law and legal institutions, Kanishka Jayasuriya
• Asia-Pacific legal development, Douglas M Johnston and Gerry A Ferguson
• Modern legal systems cyclopedia, Kenneth R Redden and William Emerson Brock
• Constitutionalism in Asia: Asian views of the American influence, Lawrence Ward Beer
• The judicialization of politics in Asia, Björn Dressel
• East Asian Law: Universal Norms and Local Cultures
• Law, Capitalism and Power in Asia : The Rule of Law and Legal Institutions
• Doing Business in Asia (updated regularly)
• Copyright Law and the Information Society in Asia
• Insolvency Law in East Asia
• Intellectual Property Law in Asia
• A Legal Guide to Doing Business in the Asia-Pacific

Journals

• Asia-Pacific Development Journal
• Asia-Pacific Journal on Human Rights and the Law
• Asian Law Journal
• Australian Journal of Asian Law
• Columbia Journal of Asian Law

URI: https://lawi.asia/taiwanese-legal-system/