Taiwan High Court

Taiwan's high court is an ordinary court and one of the secondary courts in Taiwan. In 2011, the "Judicial Yuan" announced that in the future, four branches of the Taiwan High Court, namely Taichung, Tainan, Kaohsiung and Hualien, will be upgraded to be equal level high courts, so as to improve the administrative and management efficiency.

Taiwan High Court

Taiwan's high court is one of the secondary courts in Taiwan. It is an ordinary court. Its administrative jurisdiction is directly under the judicial administration of Taiwan authorities. The court of appeal is Taiwan's "Supreme Court".

Located in Taipei City, it is often referred to as the high court, the Taiwan High Court or the high court. The court has four branches, which are under the administrative supervision of the court, together with 20 tertiary courts in Taiwan (except for Jinmen and lianjiang counties in Fujian Province), but only seven courts in the north are the lower courts of the court. In 2011, the judicial administration of Taiwan announced that in the future, four branches of the Taiwan High Court, namely, Taichung, Tainan, Kaohsiung and Hualien, will be upgraded to be equal level high courts, so as to improve the administrative and management efficiency.

Historical evolution

The period of Japanese occupation

Taiwan High Court

Its predecessor can be traced back to the period of Japanese occupation. Japan acquired Taiwan in 1895, and soon began to introduce the western judicial system. On October 7 of the same year, the governor's office of Taiwan issued the "court system of the governor's office of Taiwan" by military order, setting up a court of the governor's office of Taiwan in Taipei and 11 branches in all parts of Taiwan,

Therefore, the court of Taiwan's governor's office is only the highest judicial organ in Taipei, not a high court.

In 1896, governor guitaro abolished military administration and changed to civil administration. He issued the first "Taiwan Governor's Court Ordinance" and adopted the three-tier three trial system. On July 15 of that year, the high court, the review court and the district court were established. The full name of the high court is Taiwan Governor's high court, which can be regarded as the origin of the court. The first president of the hospital was Gao Ye Meng Ju. At that time, because there was no suitable place to set up the hospital, he temporarily borrowed one of the private houses in Dadaocheng to work.

On July 19, 1898, after the governor's office amended the "Court Ordinance of the governor's office of Taiwan", the high court was abolished and the system of two-tier second instance was adopted. There were only two kinds of courts, namely the retrial court and the district court. Therefore, there was no court in the name of the high court in the organic law. Although Japan used to be known as the "provisional court" and the "high court" in the past, it was called the "court" at that time. The last order was to use the "court" instead of the "Tribunal" commonly used in Japan. The reason is that Taiwan was under military administration at that time, and the rulers did not want to use the name of "military court" directly. Therefore, they invoked the "law" The term "court" was replaced by the term "court" and has been used until the end of the Japanese occupation. Therefore, Taiwan's judicial organs unexpectedly took the name of "court" for a long time, which is exactly the same as China's judicial system, which inherited the European continent and Japan and was later brought into China by the national government.

In August 1919, during the term of governor Akashi yuanerlang, Taiwan's judicial system was reformed again. Following the example of the third instance system of North Korea, the court of Taiwan's governor's office adopted the two-tier third instance system, abolished the review court, re established the high court, and divided the high court into the review department and the appeal department. The appeal Department became Taiwan's Court of final appeal at that time.

In 1927, Taiwan's district court was divided into a separate department and a collegiate department, but the organization of the court remained unchanged. At that time, the high court of Taiwan's governor's office was located in sandingmu, Wenwu town. It was originally a collection of houses to build five wooden courtyards for the high court of Taiwan's governor's office and the Taipei District Court. Construction began in 1929. In April 1934, the building was completed. It is a three story reinforced concrete building, the height of which is second only to the governor's office building.

In 1943, due to the tight situation of World War II, the Japanese government applied the wartime system of local magistrates to Taiwan in order to reduce the burden of the courts. Those who refused to accept the judgment of the independent Department of the local court had to appeal directly to the Review Department of the local court, which again became the system of second instance. The system was exercised until the end of the Japanese occupation. At the end of the Japanese occupation, the high court of Taiwan's governor's office had a total of eight district courts and branches, namely, Taipei and its Ilan branch, hualiangang branch, Hsinchu branch, Taichung Branch, Tainan and its Chiayi branch, and Kaohsiung district court.

postwar period

In 1945, after the end of the Second World War, the national government took over Taiwan. The Ministry of justice and administration sent Yang Peng as the first president of Taiwan's high court to Taiwan to take over the courts at all levels. After taking over the high court of Taiwan's governor's office on November 1 of the same year, its full name was officially changed to Taiwan's high court

.

The court is located in Taipei City, and the first instance of civil and criminal appeals and protest cases in Taiwan's local courts have to be tried by the court. Therefore, the litigants in southern Taiwan feel inconvenient. With the approval of Taiwan's Ministry of justice and administration, the court established the first branch of Taiwan's High Court on June 1, 1947, and then changed to the current Tainan Branch of Taiwan's High Court on January 1, 1948, This was the first branch of the court, which was in charge of the cases in the south of Yunlin County and Penghu County in Western Taiwan.

On November 1, 1962, a second branch, the Taichung Branch of the Taiwan High Court, was established. At that time, it had jurisdiction over the cases in the south of Taichung County and the north of Chiayi County in Western Taiwan.

On May 1, 1965, the Hualien provisional court of Taiwan's high court was established to govern Hualien County and Taitung County. On July 15, 1972, the Hualien Branch of Taiwan's high court was established by the Hualien provisional court. The jurisdiction was the same as that of the provisional court.

On March 11, 1968, the court building was completed and opened on July 1, 1968. The court and the prosecutor's investigation division (at that time, the court and the prosecutor were not separated) were relocated here.

On February 1, 1990, the Kaohsiung Branch of the Taiwan High Court was re established to handle the appeals and appeals of the second instance of the local courts of Kaohsiung, Pingtung and Penghu, as well as the cases of the first instance of the region under the jurisdiction of the high court.

On July 30, 1998, the judicial building was designated as a historic site by Taiwan's Ministry of interior.

In 2000, due to the increase in the number of personnel and judicial business of the court, the judicial administration in Taiwan and the judicial administration in Taiwan built a second office building, which was completed and put into operation in March 2004. Half of the building was used by the civil division of the high court, and the original court building was only the criminal division, which was renamed the criminal division building. The total project cost of the judicial second office building was more than NT $1.15 billion, two-thirds of which was allocated by the high court and one-third by the Ministry of justice.

Jurisdiction

Land jurisdiction

Keelung City, Ilan County, Xinbei City, Taipei City, Taoyuan County, Hsinchu County and Hsinchu City have a total area of 7353 square kilometers and a total population of more than 10 million. The district courts are Keelung District Court (Keelung City), Ilan District Court (Ilan County), Taipei District Court (Taipei City), Banqiao District Court (Xinbei city), Shilin District Court (Taipei City, Xinbei city), Taoyuan District Court (Taoyuan County) and Hsinchu District Court (Hsinchu County, Hsinchu City).

Jurisdiction

Appeal cases of civil and criminal proceedings against the judgment of the first instance of the local court. A case of protest against a ruling of the District Court of first instance. Cases of first instance of civil strife, foreign invasion and obstruction of diplomatic relations (the court is the first instance). Other legal cases.

organization

According to Article 3 (2) of the organic law of the people's Republic of China, "in the trial of a case in the high court, three judges shall sit together." Therefore, at present, the trial court (non preparatory court) of the court has to be tried by three judges.

Branch

Both the branches of Taiwan High Court and its subordinate courts are subject to the administrative supervision of Taiwan High Court. However, the Supreme Court is the superior court in trial between the two courts.

Taichung Branch of Taiwan High Court

(Miao Su district court, Taichung District Court, Nantou district court, Changhua District Court)

Tainan Branch of Taiwan High Court

(Yunlin district court, Jiayi district court, Tainan District Court)

Kaohsiung Branch of Taiwan High Court

(Kaohsiung District Court, Pingtung district court, Penghu district court, Fengshan District Court)

Hualien Branch of Taiwan High Court

(Hualien District Court, Taitung District Court)

District Court

All the 20 district courts in Taiwan are under the administrative supervision of the court. Among them, 13 district courts take the Taiwan High Court as their superior judicial branch, while only 7 district courts in Northern Taiwan take the Taiwan High Court as their superior judicial branch.

Keelung District Court, Taiwan

Ilan District Court of Taiwan

Taiwan Taipei District Court

Banqiao district court, Taiwan

Shilin District Court of Taiwan

Taoyuan District Court of Taiwan

Chinese PinYin : Tai Wan Gao Deng Fa Yuan