Some of the entries on the organizational chart look odd to foreign observers, but the basic hierarchy of courts is comfortingly familiar.
The ROC's legal system comes under the jurisdiction of the Judicial Yuan, one of the five branches of government, but it enjoys complete independence in both criminal and civil matters.
District Courts hear civil and criminal cases at first instance. From there, appeal lies to the High Court and its branches. At the summit of the system stands the Supreme Court, which reviews judgments by lower courts to determine whether they are consistent with pertinent laws and regulations. Issues of fact are decided at first and second instances, but at third instance only issues of law may be considered.
There are certain exceptions to this "three-level and three-instances" system. Indictments for rebellion, treason, and offenses against friendly relations with foreign states are heard in the High Court, from where an appeal lies to the Supreme Court.
Judges determine all cases without juries.
District Courts
There are twenty District Courts. Each of them has a president, appointed from among the associate justices, who is in charge of the administrative work of the court. There are civil, criminal, and summary divisions, the latter disposing of cases that may be tried "in a prompt and simple manner."
All District Courts have a juvenile division, and most of them have also established special divisions to deal with family disputes, traffic violations, and labor disputes. Cases are usually heard by a single justice, although more important trials may be listed before three judges.
The High Court
The High Court sits in Taipei and exercises jurisdiction throughout Taiwan, although branch courts sit in Taichung, Tainan, Kaohsiung, and Hualien respectively. There is also the Kinmen Branch Court of what is technically described as the Fujian High Court.
A senior judge of the High Court is appointed its president. His job is to take charge of the administrative work of the court and to supervise the administration of its subordinate organs.
Like the District Courts, the High Court has civil and criminal as well as certain specialized divisions. Each division consists of a presiding judge and associates. Cases are heard by three judges.
The Supreme Court
The Supreme Court is the final court of appeal. It has a president who is responsible for the administrative work of the Court and acts concurrently as a judge.
The Supreme Court is divided into seven civil divisions and ten criminal divisions. An appeal lies to the Supreme Court only on the ground that the judgment under appeal violates a law or ordinance. Since the Supreme Court does not decide questions of fact, documentary proceedings are the rule and oral hearings the exception.
Special Courts
The Council of Grand Justices (see story, p. 26) interprets the ROC Constitution and unifies the interpretation of laws and ordinances.
The Constitutional Court hears petitions by the Ministry of the Interior to dissolve a political party the objectives and activities of which are alleged to endanger the existence of the ROC or its free and democratic constitutional order. (But this court has never sat.)
There is also a Committee on the Discipline of Public Functionaries, under the Judicial Yuan, which hears charges of misfeasance or neglect of duty against public officials.
Finally, the Administrative Court hears complaints by individuals that their rights have been violated by the administrative action of a government agency. No appeal lies from this court, but it has certain limited powers to reopen a case that it has already disposed of.