Judicial Reform in Taiwan

Judicial Reform in Taiwan
Author: Neil Chisholm
Publisher: Routledge
Total Pages: 453
Release: 2019-11-04
Genre: Social Science
ISBN: 1135008280

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This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

In Pursuit of Justice

In Pursuit of Justice
Author: Yuesheng Weng
Publisher:
Total Pages: 36
Release: 2002
Genre: Courts
ISBN:

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The Politics of Court Reform

The Politics of Court Reform
Author: Melissa Crouch
Publisher: Cambridge University Press
Total Pages: 449
Release: 2019-09-19
Genre: Law
ISBN: 1108493467

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Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

A Model Or a Symbol?

A Model Or a Symbol?
Author: Tao-Chou Chang
Publisher:
Total Pages: 408
Release: 2013
Genre: Copyright
ISBN:

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This research examines the criminal intellectual property (IP) judicial reforms of Taiwan under the U.S. Special 301 framework. These reforms targeted the sole intermediate appellate court specializing in IP, the Intellectual Property Court (IPC). Following twenty years of judicial reforms trying to raise criminal punishment against IP infringers, Taiwan finally established the IPC in 2008 and transferred jurisdiction over appellate criminal IP cases to it. Due in part to these twenty years of reforms, the United States lifted its long-term Special 301 oversight from Taiwan in 2009, and named Taiwan as a successful model of fighting IP piracy. In spite of U.S. efforts, Taiwan's judiciary continued to follow existing sentencing patterns. This resistance to change appears to be due to the creation of a judicial culture surrounding the sentencing of criminal IP defendants and gradually increasing judicial independence in general. Because the institutional context within which judges sentence criminal IP defendants remained largely unchanged after the reforms, the reforms had little impact. Long-term conflicts between the reforms resulting from U.S. pressure and the local context of judicial practice were the reality behind what the United States claimed was a successful model of IP law reform to reduce piracy in Taiwan. The termination of the U.S. oversight in 2009 provides an opportunity to explore this so-called successful model. This research answers the following questions with respect to the conflicts: What is the U.S. Special 301 framework which shaped Taiwan's judicial reforms toward a punishment regime for IP protection? What are the contexts of Taiwan's judicial independence and judicial culture that protected and reinforced judges' existing sentencing patterns? How, and why, did the judiciary resist the pressure of judicial reforms toward a harsher punishment regime for IP infringement? This research outlines the legal framework within which the United States imposed pressure on Taiwan to reform its IP laws, evolution of Taiwan's IP laws during the period of intense U.S. pressure, and analysis of statistical data and individual cases with respect to judges' sentencing patterns before and after the establishment of the IPC. Based on these analyses, this research finds: (1) the rise of judicial independence following Taiwan's democratization blunted the impact of judicial reforms in the IP criminal sanctions area; (2) the long-term development of a local judicial culture reinforced the sentencing patterns favoring lenient sentences in the area of criminal IP law; and (3) in spite of the 2008 judicial reforms aiming to raise criminal punishment for IP protection there is no evidence to support the idea that judges changed their existing sentencing patterns and became harsher. In light of these findings, it appears that Taiwan cannot be held up as an example of success for the U.S. anti-piracy policy based on harsher criminal sanctions. In Taiwan, domestic judges' lenient sentences for IP infringements were unchanged by the judicial reforms under the U.S. Special 301 framework because growing judicial independence weakened the impact of the judicial reforms and within the judiciary local judicial culture reinforced the existing sentencing patterns.

Taiwan Who's Who in the Judiciary(Vol. 2)

Taiwan Who's Who in the Judiciary(Vol. 2)
Author: Linda FuChang
Publisher:
Total Pages: 34
Release: 2018-07-27
Genre:
ISBN: 9781724447432

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In 2018, it can be said that Taiwan's judicial reform has been raging and a year of contending.In order to help promote flexible justice, the first e-book published for the Taiwanese judicial community - Judicial Spring and Autumn - sees the characters, and it is of great significance to publish on the world's largest online platform AMAZON.

Legal Reform in Taiwan under Japanese Colonial Rule, 1895-1945

Legal Reform in Taiwan under Japanese Colonial Rule, 1895-1945
Author: Tay-sheng Wang
Publisher: University of Washington Press
Total Pages: 297
Release: 2014-12-01
Genre: History
ISBN: 0295803886

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Taiwan’s modern legal system--quite different from those of both traditional China and the People’s Republic--has evolved since the advent of Japanese rule in 1895. Japan has gradually adopted Western law during the 19th-century and when it occupied Taiwan--a frontier society composed of Han Chinese settlers--its codes were instituted for the purpose of rapidly assimilating the Taiwanese people into Japanese society. Tay-sheng Wang’s comprehensive study lays a solid foundation for future analyses of Taiwanese law. It documents how Western traditions influenced the formation of Taiwan’s modern legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law.

Private Law in China and Taiwan

Private Law in China and Taiwan
Author: Yun-chien Chang
Publisher: Cambridge University Press
Total Pages: 361
Release: 2017
Genre: Law
ISBN: 1107154243

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Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

The Functional Transformation of Courts

The Functional Transformation of Courts
Author: Jiunn-rong Yeh
Publisher: V&R Unipress
Total Pages: 302
Release: 2015-11-18
Genre: Science
ISBN: 3847004905

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The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies – Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.

The Exclusionary Rule of Evidence

The Exclusionary Rule of Evidence
Author: Asst Prof Kuo-hsing Hsieh
Publisher: Ashgate Publishing, Ltd.
Total Pages: 265
Release: 2014-12-28
Genre: Law
ISBN: 1472410696

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This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.