Judicial Reform in Taiwan
This book examines Taiwans judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwans judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwans legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
Neil Chisholm is a Visiting Scholar at the Academy of East Asian Studies at Sungkyunkwan University, South Korea.
Routledge Law in Asia
Series editors:
Randall Peerenboom and Pip Nicholson
Freedom of Information Reform in China
Information Flow Analysis
Weibing Xiao
Law and Development in Asia
Edited by Gerald Paul McAlinn and Caslav Pejovic
The Judicialization of Politics in Asia
Edited by Bjorn Dressel
Juries in the Japanese Legal System
The Continuing Struggle for Citizen Participation and Democracy
Dimitri Vanoverbeke
Confucian Constitutionalism in East Asia
Bui Ngoc Son
Religion, Law and Intolerance in Indonesia
Tim Lindsey and Helen Pausacker
Constitutional Interpretation in Singapore
Theory and Practice
Jaclyn L. Neo
Politics and Constitutions in Southeast Asia
Marco Bnte and Bjrn Dressel
Law and Society in Malaysia
Pluralism, Religion and Ethnicity
Edited by Andrew Harding and Dian Shah
Judicial Reform in Taiwan
Democratization and the Diffusion of Law
Edited by Neil Chisholm
Judicial Reform in Taiwan
Democratization and the Diffusion of Law
Edited by Neil Chisholm
First published 2020
by Routledge
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2020 selection and editorial matter, Neil Chisholm; individual chapters, the contributors
The right of Neil Chisholm to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
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A catalogue record for this book is available from the British Library
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ISBN: 978-0-415-85529-7 (hbk)
ISBN: 978-0-203-73718-7 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
For the people of Taiwan,
that the story of your laws would be more widely known
Contents
Ching-Hui Chen is Assistant Professor of Law in the Department of Law at National Taipei University. She holds a doctorate in law from the University of Bonn and passed the Taiwanese Judicial Exam for Judge and Prosecutor Qualification and the Taiwan Bar Exam in 1999. She also worked from 2003 to 2005 as a Law Clerk for a Justice of the Constitutional Court and Judicial Yuan. Her areas of research are constitutional law, EU law, international law, and administrative law.
Hwei-Syin Chen is Professor of Law at National Chengchi University (NCCU). Her Dr. jur. is from the University of Regensburg. She has been head of the College of Law and served as advisor to the government in various capacities. She specializes, teaches, and writes on Chinese legal history, German legal history, family law, succession law, gender and law, and law and literature.
Mong-Hwa Chin is an Associate Professor at National Chiao Tung University School of Law. He received his S.J.D. degree from Duke University Law School. He teaches criminal law and procedure. He is interested in the fields of wrongful conviction, legal psychology, and lay participation.
Neil Chisholm is a Visiting Scholar at the Academy of East Asian Studies at Sungkyunkwan University. He holds a BA in Law from the University of Cambridge and a D.Phil. in Socio-Legal Studies from the University of Oxford. his research focuses on comparative law in East Asia.
Heng-da Hsu is Associate Professor of Criminal Law at National Chengchi University, Taiwan. He received his Dr. iur. degree from Goethe-Universitt Frankfurt am Main, Germany in 2008. His scholarship focuses on doctrinal studies of criminal law, penal policy, and the intellectual history of punishment.
Chia-Wen Lee is a Professor in the Department of Law at National Cheng Kung University in Taiwan. She received her S.J.D. (Doctor of Juridical Science) degree at the Maurer School of Law, Indiana University-Bloomington. Her publications include two books, Punishment in the Neo-Liberal Order and Justice on a Tightrope: Essays on Criminal Justice, and various essays on criminal procedure, the death penalty, and policies against sex crimes.
Chien-Liang Lee is Director and Research Professor at the Institutum Iurisprudentiae, Academia Sinica and Professor of Law at National Taiwan University (NTU). He obtained his Dr. jur. degree from Gttingen University. His main fields of research include constitutional law, administrative law, and environmental protection law, and he emphasizes the local application of legal theory.
Rong-Geng Li is Professor of Law at National Taipei University. He received his S.J.D. degree at Indiana University Maurer School of Law in Bloomington. His research focuses on criminal procedure.
Jing-Huey Shao is Associate Professor of Law at National Cheng Kung University in Taiwan. She obtained her LL.B. and MBA at National Taiwan University, LL.M. at Columbia University, and J.S.D. at Washington University in St. Louis, US. She was an attorney at law admitted to the Taiwan, New York, and PRC bars, and practiced in Taiwan. Her research interests include empirical studies, civil procedure, and comparative law.
Puma Shen is an Assistant Professor of Criminology at National Taipei University. He holds a Ph.D. in Criminology and Law and Society from the University of California, Irvine and received his law degrees from the University of Pennsylvania and National Taiwan University.
