Judicial Yuan

The Constitutional Court consists of 15 justices.

The Constitutional Court (Chinese: 憲法法庭; pinyin: Xiànfǎ Fǎtíng; Pe̍h-ōe-jī: Hiàn-hoat Hoat-têng), also known as the Council of Grand Justices (大法官會議), provides rulings on the following four categories of cases:

1. Interpretation of the Constitution;
2. Uniform interpretation of statutes and regulations;
3. Impeachment of the President and Vice President of Taiwan; and
4. Declaring the dissolution of political parties in violation of the Constitution.[1][2]

A petition for an interpretation of the Constitution shall be filed in the following circumstances:[3]

• Where a central or local government agency is uncertain regarding the application of the Constitution while exercising its powers, or, if the agency, while exercising its powers, has disputes with another agency regarding the application of the Constitution, or if the agency is uncertain of the constitutionality of a particular law or order when applying the same;[3]
• Where an individual, a juristic person, or a political party, alleges that his or its constitutional right has been infringed and who has exhausted all judicial remedies provided by law, questions the constitutionality of the law or order applied by the court of last resort in its final decision;[3]
• Where the Members of the Legislative Yuan, in exercising their powers, are uncertain regarding the application of the Constitution or with regard to the constitutionality of a particular law when applying the same, and at least one-third of the total number of the Members of the Legislative Yuan have filed a petition;[3] or
• Where any court believes that a particular law, which it is applying to a case pending with it, is in conflict with the Constitution.[3]

There are in total of 15 justices (Chinese: 大法官; pinyin: Dàfǎguān; Pe̍h-ōe-jī: Tōa-hoat-koaⁿ) serving in the Constitutional Court, current members are: [4]

Important decisions of the Constitutional Court are listed as the following.

Supreme Court

The Supreme Court (Chinese: 最高法院; pinyin: Zuìgāo Fǎyuàn; Pe̍h-ōe-jī: Chòe-ko Hoat-īⁿ) is the court of last resort for civil and criminal cases. A civil case can be appealed to the Supreme Court only when more than NT $1,500,000 is at stake. Except for petty offences enumerated in Article 376 of the Code of Criminal Procedure, any criminal case may be appealed to the Court.

This Court exercises jurisdiction over the following cases:

• appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;
• appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;
• appeals from rulings of High Courts or their branches;
• appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;
• civil and criminal retrials within the jurisdiction of the court of third instance;
• extraordinary appeals; or
• any other case as specified by laws.

Tainan High Court

There are six High Court (Chinese: 高等法院; pinyin: Gāoděng Fǎyuàn; Pe̍h-ōe-jī: Ko-téng Hoat-īⁿ) branches in Taiwan:

The High Courts and its branches exercise jurisdiction over the following cases:[15]

• 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.[15]

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.[15]

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.[15]

Hualien District Court

There are currently 22 District Courts (Chinese: 地方法院; pinyin: Dìfāng Fǎyuàn; Pe̍h-ōe-jī: Tē-hng Hoat-īⁿ) in Taiwan:[16]

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 controversy of not more than 300,000 New Taiwan dollar and for simple legal disputes.[16] Currently there are a total of 45 divisions in Taiwan.[16] Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.[16]

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.[16] 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.[16]

A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases.[16] 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.[16] Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge.[16] The Juvenile Court hears and decides only cases involving juveniles.[16]

The administrative courts (Chinese: 行政法院; pinyin: Xíngzhèng Fǎyuàn; Pe̍h-ōe-jī: Hêng-chèng Hoat-īⁿ) handle cases regarding administrative litigation. The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.

The intellectual property court (Chinese: 智慧財產法院; pinyin: Zhìhuìcáichǎn Fǎyuàn; Pe̍h-ōe-jī: Tì-hūi-châi-sán Hoat-īⁿ) [17] handles cases regarding intellectual properties.

The disciplinary court (Chinese: 懲戒法院; pinyin: Chéngjiè Fǎyuàn; Pe̍h-ōe-jī: Têng-kài Hoat-īⁿ) [18] maintains official discipline and punishes public servants, regardless of rank or appointment, for violations of the law or negligence in his or her duty in accordance with Article 77 of the Constitution.