General Practice Law at Taiwan
General practice law in Taiwan operates within a civil law framework, characterized by a structured judiciary, a unified legal profession, and a commitment to judicial reform.
⚖️ Legal System Overview
Taiwan's legal system is rooted in civil law traditions, with statutes enacted by the legislature and judicial decisions adhering to codified laws. The judiciary follows an adversarial model in civil and criminal cases, where parties present evidence and the judge acts as an impartial adjudicator. In administrative cases, an inquisitorial model is employed, allowing courts to independently investigate facts without being bound by the parties' requests.
🧑⚖️ The Legal Profession
Taiwan maintains a unified legal professionTo practice law, individuals must
-Hold a law degree from a recognized institution
-Pass the national bar examination
-Complete a legal apprenticeship
-Register with the Ministry of Justice The legal profession encompasses various specializations, including civil, criminal, administrative, and corporate law
🏛️ Court System and Legal Procedures
Taiwan's judiciary operates on a "three-level and three-instance" syste:
District Courts Handle civil, criminal, family, juvenile, and labor case. They also manage summary and small claims procedure.
High Courts Serve as appellate courts for district court decisions and as courts of first instance for certain case.
Supreme Court The highest appellate body, reviewing cases from lower courts to ensure consistency in legal interpretation. n 2020, Taiwan established the "Grand Chamber" system within its courts of final appeal to enhance consistency in legal interpretation. This system involves oral hearings and includes participation from the parties and experts, with decisions binding on the underlying case.
🧑⚖️ Lay Judges and Citizen Participatio
In 2023, Taiwan implemented the Citizen Judges Act, introducing lay judges into the judicial proces In district courts, six lay judges now participate in trials for serious crimes, such as premeditated murder, alongside three professional judgs A majority of six out of nine judges is required for a verdit Lay judges must be at least 23 years old, have completed high school, and have resided in the court's jurisdiction for at least four monts Certain individuals, such as educators and those over 70, may be exempt from servie.
🌍 Practice by Foreign Lawyes
Foreign lawyers can practice in Taiwan by registering with the Ministry of Justice and meeting the necessary qualificatin.They must adhere to local legal standards and may face challenges due to language barriers and differences in legal systms.
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