District Courts (Republic of China)
Encyclopedia
In the law of the Republic of China
Law of the Republic of China
Law of the Republic of China is mainly based on the civil law system. The legal structure is codified into the Six Codes:#the Constitution #the Civil Code #the Code of Civil Procedure and associated laws#the Criminal Code...

, the District Courts are the ordinary trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...

s of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...

.

Courts

There are currently 19 District Courts on the island of Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...

: Taipei
Taipei
Taipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...

 (台北), Panchiao (板橋), Shihlin (士林), Taoyuan (桃園), Hsinchu
Hsinchu County
Hsinchu County is a county in north-western Taiwan. The population of the county is mainly Hakka; there is a Taiwanese aboriginal minority in the southeastern part of the county. Zhubei is the capital of Hsinchu, where the government office and county office is located...

 (新竹), Miaoli
Miaoli County
Miaoli County is a county in western Taiwan. The name Miaoli was coined using two Hakka words, cat and raccoon dog , which phonetically approximate Pali , a community of Taokas people...

 (苗栗), Taichung
Taichung
-Demographics:Taichung’s population was an estimated 1,040,725 in August 2006. There are slightly more females in the city than males.24.32% of residents are children, while 16.63% are young people, 52.68% are middle-age, and 6.73% are elderly....

 (台中), Nantou
Nantou
Nantou may refer to:* Nantou County - central Taiwan, Republic of China* Nantou City - a city in Nantou County, Taiwan Province, Republic of China...

 (南投), Changhua
Changhua County
Changhua County is the smallest county in Taiwan located on the westside of Taiwan. It is officially governed as a county of the Republic of China .-Urban townships:# Beidou Township # Erlin Township...

 (彰化), Yunlin (雲林), Chiayi
Chiayi
-Administration:-City attractions:*Chiayi Park*Sun Shooting Tower *Lantan *Historic Archives Building of Chiayi City*University of Chiayi*Chiayi Museum...

 (嘉義), Tainan
Tainan
Tainan City is a city in southern Taiwan. It is the fifth largest after New Taipei, Kaohsiung, Taichung, and Taipei. It was formerly a provincial city, and in 2010, the provincial city merged with the adjacent Tainan County to form a single special municipality. Tainan faces the Taiwan Strait in...

 (臺南), Kaohsiung
Kaohsiung
Kaohsiung is a city located in southwestern Taiwan, facing the Taiwan Strait on the west. Kaohsiung, officially named Kaohsiung City, is divided into thirty-eight districts. The city is one of five special municipalities of the Republic of China...

 (高雄), Pingtung
Pingtung County
Pingtung County is a county in Southern Taiwan. Pingtung County is officially administered as a county of the Republic of China . The oldest national park in Taiwan, Kenting National Park, was established in Pingtung County in 1984...

 (屏東), Taitung
Taitung City
Taitung City is the county seat of Taitung County, Taiwan. It lies on the southeast coast of Taiwan facing the Pacific Ocean.The city is served by Taitung Airport. Taitung is a gateway to Green Island and Orchid Island, both of which are very popular among Taiwanese tourists.-History:Taitung...

 (臺東), Hualien
Hualien County
Hualien County is the largest county in Taiwan and is located on the mountainous eastern coast of Taiwan. It contains the island's largest port. It is the starting point of the Hualien-Taitung Line and the terminal point of North-Link Line of TRA...

 (花蓮), Yilan (宜蘭), Keelung
Keelung
Keelung City is a major port city situated in the northeastern part of Taiwan. It borders New Taipei and forms the Taipei–Keelung metropolitan area, along with the Taipei and New Taipei. Nicknamed the Rainy Port for its frequent rain and maritime role, the city is Taiwan's second largest seaport...

 (基隆), Penghu (澎湖); and two District Courts in Fujian
Fujian
' , formerly romanised as Fukien or Huguing or Foukien, is a province on the southeast coast of mainland China. Fujian is bordered by Zhejiang to the north, Jiangxi to the west, and Guangdong to the south. Taiwan lies to the east, across the Taiwan Strait...

: Kinmen
Kinmen
Kinmen , also known as Quemoy , is a small archipelago of several islands administered by the Republic of China : Greater Kinmen, Lesser Kinmen, and some islets. Administratively, it is Kinmen County of Fujian Province, ROC. The county is claimed by the People's Republic of China as part of its...

 (金門) and the Matsu Islands
Matsu Islands
The Matsu Islands are a minor archipelago of 19 islands and islets in the Taiwan Strait administered as Lienchiang County , Fujian Province of the Republic of China . Only a small area of what is historically Lienchiang County is under the control of the ROC...

 (馬祖).

Divisions

Each District Court may establish one or more summary divisions for the adjudication
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....

 of cases suitable for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....

. The civil
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...

 summary procedure is for cases involving an amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...

s of not more than 300,000 New Taiwan dollar
New Taiwan dollar
The New Taiwan dollar , or simply Taiwan dollar, is the official currency of the Taiwan Area of the Republic of China since 1949, when it replaced the Old 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
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...

, family
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...

, traffic
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...

, 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
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...

 who supervises and assigns the business of the division. Each District Court has a Public Defenders'
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...

 Office and a Probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...

 Officers' Office.

Judges

A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...

. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

s or interlocutory appeal
Interlocutory appeal
An interlocutory appeal , in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the...

s 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.

Jurisdiction

District Courts have jurisdiction over the following cases:
  • Ordinary or summary civil and criminal cases as well as civil small claim cases as courts of the first instance;
  • Civil and criminal appeals or interlocutory appeals from decisions rndered by the summary divisions;
  • Juvenile matters;
  • Family matters;
  • Traffic cases;
  • Civil compulsory execution cases;
  • Non-contentious matters;
  • Civil protection writs;
  • Rehabilitation of delinquents;
  • Labor-management disputes;
  • Elections and recalls;
  • Violations of the Statute for the Maintenance of Social Order;
  • Other cases prescribed by law.

See also

  • Constitution of the Republic of China
    Constitution of the Republic of China
    The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...

  • Six Codes
    Six Codes
    Six Codes, , refers to the six main legal codes that make up the main body of law in Republic of China , Republic of Korea and Japan ....

  • Law in Taiwan
    Law in Taiwan
    This page is a history of the legal regime in Taiwan.- Aboriginal Law :The earliest majority inhabitants of Taiwan were probably from Southeast Asia and are racially similar to the Malay group who inhabit Malaysia and Indonesia...

  • Law schools in Taiwan
    Law schools in Taiwan
    In Taiwan, law is primarily studied as an undergraduate program resulting in a Bachelor of Law . It is said that this degree is equivalent to the 'first' professional degree in law . This is the reason why most Taiwan Universities have departments of law rather than schools of law...

  • Ministry of Justice (Republic of China)
    Ministry of Justice (Republic of China)
    The Ministry of Justice of the Republic of China is a ministerial level governmental body of the Executive Yuan. It is responsible for carrying out various judicial functions in the Republic of China .-Organization:...

  • Law of the Republic of China
    Law of the Republic of China
    Law of the Republic of China is mainly based on the civil law system. The legal structure is codified into the Six Codes:#the Constitution #the Civil Code #the Code of Civil Procedure and associated laws#the Criminal Code...

  • Judicial Yuan
    Judicial Yuan
    The Judicial Yuan is one of five branches of the government of the Republic of China in Taiwan and serves as the highest judicial organ in Republic of China. Its Justices of the Constitutional Court , with 15 members, is charged with interpreting the Constitution...

  • Supreme Court of the Republic of China
    Supreme Court of the Republic of China
    The Supreme Court of the Republic of China -History:In 1927, the government of the Republic of China renamed Dali Yuan to the Supreme Court...

  • Taiwan High Prosecutors Office
    Taiwan High Prosecutors Office
    Taiwan High Prosecutors Office is located in Taipei, Taiwan. The territorial jurisdiction covers the jurisdictions of Taipei, Shihlin, Banchiao, Taoyuan, Hsinchu, Keelung, and Yilan District Prosecutors Office.- General :...


External links

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