|
The Judicial Yuan () is one of five branches of the Government of the Republic of China on Taiwan and serves as the highest judicial organ in the Republic of China.〔''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan) arts. 77-82, ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)〕 Its Justices of the Constitutional Court (大法官會議, literally ‘Council of Grand Justices’), with 15 members,〔''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan) art. 5, ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)〕 is charged with interpreting the Constitution.〔 The President and Vice President of the Judicial Yuan are chosen from among the Honorable Justices by the President. Eight of the grand justices, including the president and vice president of the Judicial Yuan, serve four-year terms, and the remaining Honorable Justices serve eight-year terms.〔 The Judicial Yuan also supervises the lower courts, which consist of the Supreme Court, the high courts, district courts, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries.〔 According to Articles 77 and 78 of the Constitution of the Republic of China,〔 Article 5 of the Additional Articles of the Constitution,〔 Articles 30, 43, and 75 of the Local Government Systems Act, the major functions of the Judicial Yuan are as follows:〔''See'' Structure and Functions of the Judicial Yuan, ''available at'' http://www.judicial.gov.tw/en/english/aboutus/aboutus04/aboutus04-03.asp (last visited Mar. 28, 2012)〕 *To interpret the Constitution and to unify the interpretation of laws and orders;〔 *To impeach the President and the Vice President of the Republic and to adjudicate cases concerning the dissolution of political parties that violate the Constitution;〔 *To adjudicate civil and criminal cases;〔 *To adjudicate administrative cases;〔 *To adjudicate cases concerning disciplinary measures with respect to public functionaries;〔 and *To interpret whether local self-government ordinances and matters conflict with national laws or the Constitution.〔 *Judicial Administrative Power of the Constitutional Court.〔 == District Courts == (詳細はTaiwan:〔''See'', Taipei District Court, ''About Us - Organization'',http://tpd.judicial.gov.tw/indexen.asp?struID=52&navID=53&contentID=125 (last visited Mar. 28, 2012)〕 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 controversys of not more than 300,000 New Taiwan dollar and for simple legal disputes.〔 Currently there are a total of 45 divisions in Taiwan.〔 Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases.〔 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.〔 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.〔 A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases.〔 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.〔 Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge.〔 The Juvenile Court hears and decides only cases involving juveniles.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Judicial Yuan」の詳細全文を読む スポンサード リンク
|