High courts in Taiwan
Chinese name
Chinese高等法院
Japanese name
Kanji高等法院
Kanaこうとうほういん

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. The modern court system of Taiwan was founded in 1896, under the Japanese era. Currently there are six high courts and branches in Taiwan.

History

In 1896, the High Court of the Government-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 being established for the increasing population.

Building of the High Court of the Government-General of Taiwan, today the Judicial Yuan Building. The building houses the Judicial Yuan, Taiwan High Court, and Taiwan High Prosecutors Office

List of high courts

No.NameChineseJurisdiction
District courtsAdministrative divisions
1Taiwan High Court臺灣高等法院Hsinchu, Keelung, New Taipei, Shilin, Taipei, Taoyuan, YilanHsinchu city/county, Keelung, New Taipei, Taipei, Taoyuan, Yilan
2Taiwan High Court Taichung Branch Court臺灣高等法院臺中分院Changhua, Miaoli, Nantou, TaichungChanghua, Miaoli, Nantou, Taichung
3Taiwan High Court Tainan Branch Court臺灣高等法院臺南分院Chiayi, Tainan, YunlinChiayi city/county, Tainan, Yunlin
4Taiwan High Court Kaohsiung Branch Court臺灣高等法院高雄分院Ciaotou, Kaohsiung, Kaohsiung Juvenile and Family, Penghu, PingtungKaohsiung, Penghu, Pingtung
5Taiwan High Court Hualien Branch Court臺灣高等法院花蓮分院HualienHualien
 Taitung Court臺東庭TaitungTaitung
6Fuchien High Court Kinmen Branch Court福建高等法院金門分院KinmenKinmen
 Lienchiang Circuit Court連江巡迴法庭LienchiangLienchiang (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, 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.[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

References

  1. 1 2 3 4 See Taiwan High Court, available athttp://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)
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