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NCJ Number: 65119 Find in a Library
Title: STUDY TOUR OF TAIWAN'S LEGAL SYSTEM
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:66  Dated:(FEBRUARY 1980)  Pages:165-170
Author(s): R B GINSBURG
Corporate Author: American Bar Association
United States of America
Date Published: 1980
Page Count: 6
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: TAIWAN'S LEGAL SYSTEM IS DESCRIBED BY A PARTICIPANT IN A 1979 STUDY TOUR WHICH LASTED 2 WEEKS.
Abstract: THE AUTHOR HAD PREVIOUSLY TOURED THE PEOPLE'S REPUBLIC OF CHINA (PRC). THE TAIWANESE HOSTS REPEATEDLY AIRED THEIR RESENTMENT OF THE U.S. RECOGNITION OF PRC, BUT THEIR MAIN GOAL WAS TO ACQUAINT AMERICANS WITH THEIR VIEWS OF TAIWAN. TAIWAN DIFFERS MOST SHARPLY FROM PRC IN ITS STATE OF ECONOMIC DEVELOPMENT AND ITS DEGREE OF WESTERN INFLUENCE. TAIWAN HAS THREE NATIONALLY ELECTED BODIES AND ESSENTIALLY A ONE-PARTY SYSTEM. THE FUTURE NATURE OF ELECTIONS IS CURRENTLY UNCERTAIN, PARTICULARLY BECAUSE OF HIGH NATIONAL SECURITY CONSCIOUSNESS. LAW EDUCATION PROGRAMS ARE OFFERED AT SEVERAL TAIWANESE INSTITUTIONS. LAW IS AN UNDERGRADUATE DEGREE TAKEN BY MANY PEOPLE DESTINED TO WORK NEITHER AS LAWYERS NOR AS JUDGES. MOST PEOPLE TAKING BAR AND JUDICIARY EXAMINATIONS FAIL THEM. OF ABOUT 1,000 PEOPLE TAKING A RECENT FIRST BAR EXAM, 24 PASSED. ON A DEFERRED EXAM, TAKEN AFTER 5 YEARS' EXPERIENCE, THE PASS RATIO IS CLOSE TO 50 PERCENT. THE LAW COLLEGE INCLUDES SEVERAL DISCIPLINES. REQUIRED LAW COURSES INCLUDE CIVIL CODE PROCEDURES, OBLIGATIONS, PROPERTY, FAMILY LAW, ADMINISTRATIVE LAW, CIVIL AND CRIMINAL PROCEDURE, AND PRIVATE AND PUBLIC INTERNATIONAL LAW. VOLUNTEER SERVICE BY LAWYERS IS ENCOURAGED TO PROVIDE LEGAL AID FOR INDIGENTS. DETAILED BUSINESS CONTRACTS ARE ALIEN TO THE CHINESE TRADITION; COURT IS REGARDED AS THE VERY LAST RESORT IN BUSINESS DISPUTES. TAIWAN HAS A CAREER JUDICIARY. PROCEEDINGS FOLLOW THE CIVILIAN, OR CONTINENTAL STYLE, USING MULTIPLE, USUALLY BRIEF, NONCONSECUTIVE COURT SESSIONS. MILITARY TRIBUNALS HAVE AUTHORITY OVER CIVILIANS IN NATIONAL SECURITY CASES. SWORN STATEMENTS BY WITNESSES, RATHER THAN CROSS-EXAMINATION AND CONFRONTATION, ARE USED. THE NATIONAL JUDICIAL SYSTEM INCLUDES THE SUPREME COURT, THE ADMINISTRATIVE COURT, WHICH IS THE FINAL ARBITER IN DISPUTES BETWEEN PRIVATE PERSONS AND THE GOVERNMENT; THE COUNCIL OF GRAND JUSTICES, WHICH DEALS MAINLY WITH CONSTITUTIONAL QUESTIONS; AND THE COMMITTEE ON THE DISCIPLINE OF PUBLIC FUNCTIONARIES. NUMEROUS CASE EXAMPLES AND COMMENTS ON DIFFERENCES BETWEEN THE TAIWANESE SYSTEM AND THE U.S. SYSTEM ARE PRESENTED. PHOTOGRAPHS ARE INCLUDED. (CFW)
Index Term(s): Court structure; Court system; Legal training; Political influences; Political offenders; Taiwan; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65119

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