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Chapter Ⅰ A Brief Legal History and Branches of Powers of Government:Transplantation and Creation1

Ⅰ. A Brief History of the Legal Framework of Taiwan1

Ⅱ. Separation of Five Powers4

Chapter Ⅱ Basic Elements of Justice System in Taiwan: The Courts, Bench,Bar and Legal Education11

Ⅰ. Court System11

A. Levels of Courts11

B. Administrative Courts Compared with Ordinary Courts13

C. Some Improved Features of the Court System in Taiwan14

D. Independence of Judges15

E. Declaration of Unconstitutionality of Law by Judges17

Ⅱ. Prosecutors' Offices19

Ⅲ. Appointment of Judges and Prosecutors19

Ⅳ. Bar20

Ⅴ. Legal Education21

Chapter Ⅲ The Council of Grand Justices: An Important Design to Guard the Constitution25

Ⅰ. The Power of Council of Grand Justices to Interpret:An Important Role in the Legal System of Taiwan25

Ⅱ. The Intervention of Legislative Practice to Ensure Constitutionalism: Two Interpretations with Particular Importance27

Ⅲ. The Grand Justices as the Arbitrator of Political Problems31

Ⅳ. The Grand Justices as Advisor for Certain Social Problems33

Ⅴ. The Council of Grand Justices as the Constitutional Court35

Ⅵ. Issues for Further Reflection and Future Reform35

Chapter Ⅳ Sources of Law: The Precedents Being Merely a Psychological and Subjective Element37

Ⅰ. The Constitution as a Source of Law37

Ⅱ. Legislation and Administrative Regulations39

Ⅲ. International Treaties and Customary International Law as Sources of Law41

Ⅳ. Previous Judicial Decisions and Precedents42

Ⅴ. Customary Practices44

Ⅵ. Underlying Legal Principle (General Principles of Law)44

Chapter Ⅴ The Constitution of the Republic and Human Rights Protection in Progress45

Ⅰ. General Introduction45

Ⅱ. The Preamble of the Constitution46

Ⅲ. Some Basic Constitutional Principles47

A. Republican System47

B. Rule of Law48

C. Emphasis on Social Welfare48

Ⅳ. The Legal Relations between Taiwan and Mainland China under the Constitution48

Ⅴ. Basic Rights Guaranteed by the Constitution49

Chapter Ⅵ Administrative Law Being an Important Scheme to Govern Administrative Activities59

Ⅰ. The Principle of Administration Based on Law60

Ⅱ. Principle of Proportionality61

Ⅲ. Procedural Due Process and Right to Be Heard62

Ⅳ. Transparency62

Ⅴ. Prevention of Misuse of Administrative Guidance64

Chapter Ⅶ Some Essential Elements Governing Civil Relations, Including Principles of Morality and Good Faith67

Ⅰ. A General Description of the Civil Code67

Ⅱ. The Role of Public Order and Good Morals in Civil Matters68

Ⅲ. Non-misuse of Right and the Principle of Good Faith70

Ⅳ. Legal Capacity of Assuming Rights and Obligation72

Ⅴ. Statute of Limitation74

Chapter Ⅷ Some Principles of Contract Law: Basic Rules Governing Economic Activities77

Ⅰ. General Framework of Contract Law in the Civil Code77

Ⅱ. Capacity of Parties to Conclude a Contract77

Ⅲ. Agency79

Ⅳ. Expression of Intent to Contract80

Ⅴ. Interpretation of Expression and Pre-drafted Contractual Terms82

Ⅵ. Offer and Revocation of an Offer83

Ⅶ. Acceptance and Revocation of an Acceptance84

Ⅷ. Requirement of Meeting of Minds85

Ⅸ. Preliminary Contract and Primary Contract86

Ⅹ. Rewards87

Ⅺ. Earnest Money (Deposit) and Penalty87

Ⅻ. Obligations of Performance and the Situations of Non-performance89

ⅩⅢ. Change of Circumstances89

ⅩⅣ. Rescission of a Contract90

ⅩⅤ. Compensation for Damage91

Chapter Ⅸ Various Typical Contracts with Some Reflecting the Social and Economic Activities in Taiwan93

Ⅰ. Purchase/Sale Contracts93

Ⅱ. Gift94

Ⅲ. Lease95

Ⅳ. Loan96

Ⅴ. Employment Contract97

Ⅵ. Contract of Hire for Work98

Ⅶ. Tourist Contract99

Ⅷ. Entrustment Contract (Contract of Mandate)100

Ⅸ. Carriage101

Ⅹ. Partnership102

Ⅺ. Private Association of Mutual Aid103

Ⅻ. Suretyship104

Chapter Ⅹ Unjust Enrichment and Management of the Affairs of Another without Mandate: Creating Rights and Obligations without Contract or Wrongdoing105

Ⅰ. Unjust Enrichment: Quasi Contract?105

Ⅱ. Managing the Affairs of Another Without Mandate108

Chapter Ⅺ Torts: Certain New Types of Tortious Acts to Reflect the Development of the Society113

Ⅰ. A Right Being Infringed or Injured113

Ⅱ. The Existence of an Act Being Intentionally Committed or Negligently Performed114

Ⅲ. Legal Impermissibility115

Ⅳ. Damage or Loss Suffered by the Plaintiff115

Ⅴ. Causal Link between the Act and the Damage Suffered115

Ⅵ. Breach of Legislative Provisions Protecting Others116

Ⅶ. Special Types of Torts116

A. Joint Tortious Act116

B. Public Employee's Liability116

C. Statutory Representative's Liability117

D. Employer's Liability117

E. Hirer's Liability118

F. Possessor's Liability for Animals118

G. Owner's Liability for Construction118

H. Manufacturer's Liability for the Product119

I. Driver's Liability119

J. Liability for the Risk Created119

Ⅷ. Damages120

A. Compensation of the Actual Damage120

B. Compensation of Specific Spending or Other Losses120

C. Compensation of Non-property Loss120

Chapter Ⅻ Consumer Protection Framework in Taiwan: High Level of Protections for Weaker Parties121

Ⅰ. Consumer Protection Act121

Ⅱ. Some Provisions in the Civil Code125

Ⅲ. Some Provisions in the Fair Trade Act126

Chapter ⅩⅢ Property Law: A Number of Traditional Property Rights Established to Meet the Needs of the Society129

Ⅰ. The Principle of Property Rights Being Fixed Only by Statutes130

Ⅱ. The Principle of Publicity130

Ⅲ. The Principle of Public Trust131

Ⅳ. The Types of Property Rights132

A. Ownership132

B. Superficies, Yung-tien, Servitudes, and Dien134

C. Mortgage, Pledge and Retention134

Chapter ⅩⅣ Family Law and the Law of Inheritance: with Chinese Tradition Playing Certain Roles137

Ⅰ. Family Law137

A. Definition of Relative139

B. Marriages and Engagements139

C. Property Arrangement of the Couple141

D. Divorce141

E. Parent-Child Relations142

F. Custodian144

G. Maintenance of Relatives145

H. Family145

Ⅱ. Law of Inheritance146

A. Inheritors146

B. Effect of Inheritance147

C. Limited Inheritance and Giving-up of Inheritance147

D. Last Will and Testament148

Chapter ⅩⅤ The Prevention of Domestic Violence Law: An Important Change of Traditional Domestic Relations149

Ⅰ. Some Traditional Concepts about Domestic Relations149

Ⅱ. Rules Governing Domestic Relations Prior to the Prevention of Domestic Violence Law and the Background of Enacting the Law150

Ⅲ. The Scope of Protection under the Prevention of Domestic Violence Law151

Ⅳ. The Application and the Issuance of Protective Order152

Ⅴ. Civil Protective Order152

Ⅵ. Criminal Procedures153

Ⅶ. Preventive and Therapeutic Measures154

Ⅷ. Additional Positive Effects Arising from the Law154

Chapter ⅩⅥ Civil Procedure and ADRs: The Dispute Resolution System Being in Line with International Practice157

Ⅰ. Civil Procedure157

A. Some Basic Principles Adopted in the Code of Civil Procedure157

B. Determination of Jurisdictions158

C. Judges Withdrawing from Conducting Particular Cases to Avoid Conflict of Interest160

D. The Types of Civil Litigation and the Parties of a Case160

E. Counsels in Litigations161

F. Evidence162

G. Hearings164

H. The Concentration of Hearings164

Ⅱ. Arbitration as an Important ADR in Taiwan165

A. Arbitration Agreement166

B. Arbitrators and Formation of an Arbitration Tribunal166

1. The Qualifications of Arbitrators166

2. Appointment of Arbitrators167

3. Ethical Requirements of Arbitrators167

4. Disclosure Requirements168

5. Withdrawals169

6. Arbitration Proceedings169

a. Place and Venue of Arbitration and Time Limit of Completing an Arbitration Procedure169

b. Procedures169

c. Amiable Compositeur170

7. Enforcement of Arbitration Awards170

8. Intervention by the Court on the Awards170

9. Foreign Arbitration Awards171

a. Definition of Foreign Awards171

b. Enforcement of Foreign Awards171

Ⅲ. Mediations Conducted by the Arbitration Institution and those by the Public Construction Commission172

A. Mediations Conducted by the Arbitration Institution172

B. Mediations Conducted by the Public Construction Commission (PCC)173

Chapter ⅩⅦ Intellectual Property Laws: A Western Concept Fitting Smoothly into Eastern Society175

Ⅰ. The Lack of Intellectual Property Concept in Traditional Society and the Introduction of Such Concept and Laws into the Society175

Ⅱ. The Current Legal Framework176

Ⅲ. Copyright Law177

Ⅳ. Trademark Law179

Ⅴ. Patent180

Chapter ⅩⅤⅢ The Law Governing the Domestic Market: The Backbone of the Open Economy in Taiwan185

Ⅰ. The Enactment of the Fair Trade Act in an Age of Economic Growth185

Ⅱ. Scope of the Fair Trade Act and Some Important Competition Rules and Typical Cases186

Ⅲ. Authority in Charge and Its Law-Enforcement Strategies188

Chapter ⅩⅠⅩ The Rules Governing External Trade: A Relatively Free Market of Taiwan193

Ⅰ. Foreign Trade Policy and Law193

Ⅱ. The Anti-dumping Regime of Taiwan194

Ⅲ. Re-examination of the Anti-dumping Policy from a Competition Perspective196

Ⅳ. Suggested Reform of the Anti-dumping Law from a Competition Perspective199

Chapter ⅩⅩ The Government Procurement Law: A Law Governing a Major Part of Economic Activities in Taiwan203

Ⅰ. Background to Enacting a Modernized Procurement Law203

Ⅱ. Some General Principles Governing Procuring Activities204

Ⅲ. Different Types of Procuring Methods206

Ⅳ. Specification and Qualification208

Ⅴ. Prevention of Bid Rigging209

Ⅵ. Disqualified Suppliers210

Ⅶ. Turn-key, Assignment of the Contract, and Joint Tendering212

Ⅷ. Awarding the Contact213

Ⅸ. Bid Challenge213

Chapter ⅩⅩⅠ Labour Protection Regime in Taiwan: Another Indication of Modernization of the Society217

Ⅰ. Some Backgrounds217

Ⅱ. Working Conditions218

Ⅲ. Working Environment219

Ⅳ. Equality of Works for Both Genders220

Ⅴ. Protection of Workers from Being Massively Laid off220

Ⅵ. Labour Union221

Ⅶ. Labour Insurance221

Ⅷ. Helping the Employment of Workers and Those Unemployed221

Ⅸ. Labour-Employer Dispute Resolution222

Chapter ⅩⅩⅡ Criminal Law and Criminal Procedure: With Improved Adversarial System in Place223

Ⅰ. Criminal Law223

A. The Principle of Crime and Criminal Punishment Being Defined Only by Legislation223

B. Prescriptive Jurisdiction of the Criminal Code224

C. The Establishment of a Crime225

1. Meeting the Required Elements Constituting a Crime225

2. Being Illegal225

3. Being Subjectively Responsible225

D. Penalty226

E. Some Combined Punishments228

1. Imaginative Competing Offences228

2. Correlative Offences229

3. Consecutive Offences229

F. Specific Listed Offences229

Ⅱ. Criminal Procedure230

A. General Introduction of the Criminal Procedure in Taiwan230

B. Arrest and Detention231

C. Evidence Rules and Due Process231

D. Burden of Proof and Self-incrimination233

E. Cross Examination233

F. Plea Bargain System in the Code233

G. Some Observation on the Recent Changes to the Criminal Procedure234

Chapter ⅩⅩⅢ Concluding Remarks235

Index237