District court (Taiwan) explained

District courts in Taiwan
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C:地方法院
Bpmf:ㄉㄧˋ ㄈㄤ ㄈㄚˇ ㄩㄢˋ
W:Ti4-fang1 Fa3-yüan4
P:Dìfāng Fǎyuàn
Poj:Tē-hng Hoat-īⁿ
Tl:Tē-hng Huat-īnn
H:Thi-fông Fap-yen
Kanji:地方法院
Kana:ちほうほういん
Romaji:Chihō Hōin

The district courts are the ordinary trial courts of general jurisdiction under the law of Taiwan. Currently there are 22 district courts under the jurisdiction of the Republic of China (Taiwan).

History

District courts (Japanese: 地方法院, chihō-hōin) were first established in Taiwan in 1896. The jurisdiction of the district courts changed several times in the Japanese era. There were five (5) district courts in Taiwan as of 1945, the end of the Japanese rule, when the courts were incorporated into the Republic of China court system.

No.NameJapaneseJurisdictionPresent division equivalent
1Taihoku District CourtJapanese: 臺北地方法院Northern Taihoku PrefectureTaipei, New Taipei, Keelung
 Giran BranchJapanese: 宜蘭支部Southern Taihoku PrefectureYilan
Karenkō BranchJapanese: 花蓮港支部Karenkō Prefecture, Taitō PrefectureHualien, Taitung
2Shinchiku District CourtJapanese: 新竹地方法院Shinchiku PrefectureTaoyuan, Hsinchu city/county, Miaoli
3Taichū District CourtJapanese: 臺中地方法院Taichū PrefectureTaichung, Changhua, Nantou
4Tainan District CourtJapanese: 臺南地方法院Southern Tainan PrefectureTainan
 Kagi BranchJapanese: 嘉義支部Northern Tainan PrefectureChiayi city/county, Yunlin
5Takao District CourtJapanese: 高雄地方法院Takao Prefecture, Hōko PrefectureKaohsiung, Pingtung, Penghu
Note that the Empire of Japan was granted extraterritoriality in China from late 19th century until World War II. During this time, Taihoku District Court also handled the trial cases regarding Japanese citizens (including Taiwanese and Korean) in the Chinese provinces of Fujian, Guangdong and Yunnan.

After World War II, more district courts were established as the population growth. The newest district court, Ciaotou District Court, was established in September 2016 in Kaohsiung.[1] This makes the total count of district courts in Taiwan to 22.

List of District Courts

There are currently 20 district courts under the jurisdiction of the Taiwan High Court and 2 district courts under the jurisdiction of the Fuchien High Court.[2] The Kinmen and Matsu district courts are under the jurisdiction of the Fuchien High Courts as those counties are part of Fujian Province and not part of Taiwan Province. The jurisdictions of district courts do not always follow the boundary of the administrative divisions.[3]

No.NameChineseJurisdictionNo.NameChineseJurisdiction
1ChanghuaChinese: 臺灣彰化地方法院Changhua County12New TaipeiChinese: 臺灣新北地方法院Western New Taipei
2ChiayiChinese: 臺灣嘉義地方法院Chiayi, Chiayi County13PenghuChinese: 臺灣澎湖地方法院Penghu County
3CiaotouChinese: 臺灣橋頭地方法院Northern Kaohsiung14ShilinChinese: 臺灣士林地方法院Northern Taipei and northern New Taipei
4HsinchuChinese: 臺灣新竹地方法院Hsinchu, Hsinchu County15PingtungChinese: 臺灣屏東地方法院Pingtung County
5HualienChinese: 臺灣花蓮地方法院Hualien County16TaichungChinese: 臺灣臺中地方法院Taichung
6KaohsiungChinese: 臺灣高雄地方法院Southern Kaohsiung17TainanChinese: 臺灣臺南地方法院Tainan
7KeelungChinese: 臺灣基隆地方法院Keelung and eastern New Taipei18TaipeiChinese: 臺灣臺北地方法院Southern Taipei and southern New Taipei
8KinmenChinese: 福建金門地方法院Kinmen County19TaitungChinese: 臺灣臺東地方法院Taitung County
9LienchiangChinese: 福建連江地方法院Lienchiang County (Matsu Islands)20TaoyuanChinese: 臺灣桃園地方法院Taoyuan City
10MiaoliChinese: 臺灣苗栗地方法院Miaoli County21YilanChinese: 臺灣宜蘭地方法院Yilan County
11NantouChinese: 臺灣南投地方法院Nantou County22YunlinChinese: 臺灣雲林地方法院Yunlin County

Divisions

Each District Court may establish summary division for different regions under it, for the adjudication of cases suitable for summary judgment and small claims cases. The civil summary procedure is for cases involving an amount in controversy of not more than 500,000 New Taiwan dollars[4] and for simple legal disputes. The small claims cases are cases demanding payment for less than 100,000 NTD.[5] 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 division 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.

Judges

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.

Jurisdiction

District Courts have jurisdiction over the following cases:

Dispute

On 31 March 2017, Taipei District Court finished a judgment of first instance, this is the first time, the collegial court invoked the concept of "civil disobedience", and Identify the motive and purpose of the protest act, are related to public affair. They said the people of Sunflower Movement (As Huang Kuo-chang, Lin Fei-Fan,, and related people) all are innocent.

See also

External links

Notes and References

  1. http://ctd.judicial.gov.tw/ Ciaotou District Court
  2. See, Taipei District Court, About Us - Organization, http://www.judicial.gov.tw/en/english/branches/branch.asp (last visited Mar. 28, 2012)
  3. http://www.judicial.gov.tw/en/english/branches/branch.asp Directory of the Judicial Branch
  4. Article 427 of the Code of Civil Procedure.
  5. Article 436-8 of the Code of Civil Procedure.