Judicial Reform in Taiwan: Democratization and the Diffusion of Law

by Neil Chisholm

Overview

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.

Product Details

ISBN-13:	9781032086262
Publisher:	Taylor & Francis
Publication date:	06/30/2021
Series:	Routledge Law in Asia
Pages:	314
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Neil Chisholm is a Visiting Scholar at the Academy of East Asian Studies at Sungkyunkwan University, South Korea.

Table of Contents

Foreword; Part 1 Taiwan’s Judicial Reforms in Comparative and Historical Context; 1 Taiwan’s Judicial Reform Process: East Asian Context, Democratization, and Diffusion; 2 The Long Century of Taiwan’s Westernized Justice System: Historicizing the Dynamics of Her Judicial Reform of 1999; 3 The Development and Reform of Taiwan’s Prosecutorial System: 1945-2014; Part 2 Institutional Transformations; 4 Separation of the Judiciary and the Public Prosecution: The Cornerstone of Judicial Reform in Taiwan; 5 Regime Unchanged: The Organization and Failed Reorganization of Taiwan’s Judicial Yuan; 6 Reform and Resistance: Restructuring Taiwan’s Appeals Process and the Internal Culture of Taiwan’s Supreme Court; 7 Adopting a Lay Participation System in Taiwan: The Trial Observer Reform Attempt; 8 Transformation from the Top-down or Bottom-up? Legal Education Reform as a Microcosm of Taiwan’s Inconclusive Judicial Reform Process; Part 3 The Procedural Revolution; 9 Conscience and Convenience: Taiwan’s Rocky Road to Adopting the Adversarial System in Criminal Procedure; 10 The Evolution of the Right to Counsel in Taiwan; 11 A Leap Forward Not Yet Achieved: Civil Procedure Reform in Taiwan; 12 Administrative Law Reform in Taiwan; Afterword: President Tsai’s 2017 National Conference on Judicial Reform