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Judicial Reform in Taiwan: Democratization and the Diffusion of Law

Judicial Reform in Taiwan: Democratization and the Diffusion of Law

Author: Neil Chisholm
Publisher: Routledge
ISBN: 9780415855297
Published In: November 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book examines Taiwan’s 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 Taiwan’s 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 Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Foreword

Weng Yue-Sheng

Part 1 Taiwan’s Judicial Reforms in Comparative and Historical Context

Taiwan’s Judicial Reform Process: East Asian Context, Democratization, and Diffusion, Neil Chisholm

The Long Century of Taiwan’s Westernized Justice System: Historicizing the Dynamics of Her Judicial Reform of 1999, Tzung-Mou Wu

The Development and Reform of Taiwan’s Prosecutorial System: 1945-2014, Heng-da Hsu

Part 2 Institutional Transformations

Separation of the Judiciary and the Public Prosecution: The Cornerstone of Judicial Reform in Taiwan, Yue-Sheng Weng & Chien-Liang Lee

Regime Unchanged: The Organization and Failed Reorganization of Taiwan’s Judicial Yuan, Yen-tu Su

Reform and Resistance: Restructuring Taiwan’s Appeals Process and the Internal Culture of Taiwan’s Supreme Court, Puma Shen

Adopting a Lay Participation System in Taiwan: The Trial Observer Reform Attempt, Mong-Hwa Chin

Transformation from the Top-down or Bottom-up? Legal Education Reform as a Microcosm of Taiwan’s Inconclusive Judicial Reform Process, Neil Chisholm & Hwei-Syin Chen

Part 3 The Procedural Revolution

Conscience and Convenience: Taiwan’s Rocky Road to Adopting the Adversarial System in Criminal Procedure, Chia-Wen Lee

10.

The Evolution of the Right to Counsel in Taiwan, Rong-Geng Li

11.

A Leap Forward Not Yet Achieved: Civil Procedure Reform in Taiwan, Jing-Huey Shao

12.

Administrative Law Reform in Taiwan, Ching-Hui Chen

Afterword: President Tsai’s 2017 National Conference on Judicial Reform, Neil Chisholm