However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.
Significant changes have been made to take into account the fact that the Government of the Republic of China only controls Taiwan and surrounding islands since the 1950s.
The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1948) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.
[5] According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis.
[5] The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).
19 of them are located on the island of Taiwan: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chiayi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in Fuchien: Kinmen and Lienchiang.
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order.
The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations.
It hears: Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.
[5] No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction.
Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.
[5] In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.
[5] The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.
[6] Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.
An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.
The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status.
A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom.
A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved.
If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.
[14] The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties.
The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.
If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective.
In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.
citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.
A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates.
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof.
When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence.
They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.