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.
Table of Contents
Foreword; Weng Yue-Sheng; Part 1 Taiwan’s Judicial Reforms in Comparative and Historical Context; 1 Taiwan’s Judicial Reform Process: East Asian Context, Democratization, and Diffusion, Neil Chisholm; 2 The Long Century of Taiwan’s Westernized Justice System: Historicizing the Dynamics of Her Judicial Reform of 1999, Tzung-Mou Wu; 3 The Development and Reform of Taiwan’s Prosecutorial System: 1945-2014, Heng-da Hsu; Part 2 Institutional Transformations; 4 Separation of the Judiciary and the Public Prosecution: The Cornerstone of Judicial Reform in Taiwan, Yue-Sheng Weng & Chien-Liang Lee; 5 Regime Unchanged: The Organization and Failed Reorganization of Taiwan’s Judicial Yuan, Yen-tu Su; 6 Reform and Resistance: Restructuring Taiwan’s Appeals Process and the Internal Culture of Taiwan’s Supreme Court, Puma Shen; 7 Adopting a Lay Participation System in Taiwan: The Trial Observer Reform Attempt, Mong-Hwa Chin; 8 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; 9 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
Neil Chisholm is a Visiting Scholar at the Academy of East Asian Studies at Sungkyunkwan University, South Korea.