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Successive Changes of Authority

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  • Last updated:2018-11-02
  • Count Views:1573

In our ancient system, administration has been governing justice. During the legal system reform at the end of the Ching Dynasty, the Tali Yuan system was established from the transformation of Tali She in Kuan Shu 33rd Year (Emperor Teh Tsung, whose reign lasted from 1875 to 1908), which was the highest final judgment authority. In opposition to that, the General Prosecution Hall was also established, which corresponded to the modern-day Prosecution Office. When the government of the Republic of China was based in Kuantong in 1925, Tali Yuan, as well as the General Prosecution Hall, was established.
In 1927, the Republic of China was based in Nanking and the Provisional Rules of the Supreme Court Organization were published on October 25. According to Article 6 of the Rules, the Supreme Court assigned one Chief Prosecutor and five Prosecutors to handle all prosecution affairs pursuant to the laws. On November 17, 1928, the Republic of China government published the Laws of the Supreme Court Organization. According to Article 6 of the 1928 Laws, the Prosecution Office was placed under the supervision of the Supreme Court. This was the first time the name of the current Supreme Prosecutors Office appeared in the Laws.

The amended laws of the Supreme Court Organization were published on August 14, 1929 (“1929 Laws”), and while the Prosecution Office was still placed under the supervision of the Supreme Court according to Article 6 of the 1929 Laws, the number of Prosecutors was clearly modified from 7 to 9 persons. The current effective laws of the Supreme Court Organization were published on October 28, 1932 and implemented on July 1, 1935, and set forth that a certain number of Prosecutors and one Prosecutor General should be assigned to the Supreme Prosecutors Office, which was placed under the supervision of the Supreme Court. The Supreme Prosecutors Office was classified as the third trial position of the Supreme Court, however, it was subordinate to the Justice Administration Department governed by the Executive Yuan, while the Supreme Court was subordinate to the Judicial Yuan.

Since the implementation of the separate systems of trial and prosecution on July 1, 1980, the Supreme Prosecutors Office, the Taiwan High Prosecutors Office, the Kinmen Branch, Fuchien High Prosecutors Office (which was the Shiamen Branch, Fuchien High Prosecutors Office), and all their subordinate Prosecution Offices have been officially governed by the Ministry of Justice. All courts ranking lower than the High Court, which were previously governed by the Justice dministration Department, are now subordinate to the Judicial Yuan. Our justice system thus continues to evolve constantly in its ongoing effort to fulfill its divine mission to preserve and propagate law and order.

According to Article 63-1 of the Court Organization Law which was amended on April 2nd, 2007, the Special Investigation Division was organized and put in charge of the investigation of corruption and offenses of malfeasance in which the President, Vice President, presidents of the five Yuans, ministers of ministries and commissions or military officials ranking general and above are involved; nationwide corruption or interference with elections suspected to be committed by election authorities, political parties or candidates in the presidential and vice presidential campaign or election of legislators, as well as instances of material corruption, economic crimes, and offenses against social order as designated by the Prosecutor General. The Special Investigation Division constituted of outstanding and sophisticated prosecutors from every prosecutor’s office, prosecutor investigators, and other personnel appointed by the Prosecutor General. The Prosecutor General has also organized special mission units with the police, the Investigation Bureau, the Department of Government ethics, and other professionals in relevant authorities, all dedicated to the investigation of cases related to material corruption or interference with elections, as listed in Article 63-1-1 of the Court Organization Act. The Special Investigation Division will investigate all cases in a neutral, just, and impartial equitably manner, treat all parties regardless of identity, social status, or political affiliation, and exercise its authority according to the law. The Legislative Yuan completed the Third Reading of the Amendment of Court Organization Act on November 18th, 2016 and thus revoked the legal legitimacy of the organization of the Special Investigation Division. This Amendment will be enforced starting January 1st, 2017.

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