# English Learning Notes: Understanding Taiwan's Legal System

### Vocabulary and Sentence Structures

In this learning note, we will explore **key concepts of Taiwan’s legal system**, focusing on common legal terminology that may appear in TOEIC exams. This will help you express and understand topics related to law in Taiwan, whether in a business or everyday context.

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### 1. Taiwan has a democratic legal system.
**台灣有一個民主的法律制度。**
- **democratic** = 民主的
- **legal system** = 法律制度

<details> <summary>How does Taiwan’s legal system function?</summary>

- It is based on the Constitution of the Republic of China.
- It ensures the separation of powers among the executive, legislative, and judicial branches.
- Citizens have the right to a fair trial.
- Human rights are protected by the law.
- Laws can be modified through democratic processes.
</details>

---

### 2. The Constitution is the supreme law of Taiwan.
**憲法是台灣的最高法律。**
- **Constitution** = 憲法
- **supreme law** = 最高法律

<details> <summary>What is the role of the Constitution in Taiwan?</summary>

- It sets the framework for the government structure.
- It protects the basic rights and freedoms of the people.
- It guides the development of other laws.
- Any law that conflicts with the Constitution can be nullified.
- Amendments can be made under certain conditions.
</details>

---

### 3. Citizens have the right to appeal in court.
**公民有權利在法院上訴。**
- **citizens** = 公民
- **right to appeal** = 上訴的權利
- **court** = 法院

<details> <summary>What does it mean to appeal a court decision?</summary>

- It allows a case to be reviewed by a higher court.
- Appeals can be based on legal errors or new evidence.
- The appellate court can either affirm or overturn the original decision.
- Citizens have the right to multiple levels of appeal.
- Appeals are a safeguard against unjust rulings.
</details>

---

### 4. Taiwan's legal system includes civil and criminal courts.
**台灣的法律制度包括民事和刑事法院。**
- **civil courts** = 民事法院
- **criminal courts** = 刑事法院
- **legal system** = 法律制度

<details> <summary>What is the difference between civil and criminal courts?</summary>

- Civil courts handle disputes between individuals or organizations.
- Criminal courts deal with crimes that violate public laws.
- Civil cases often involve lawsuits, while criminal cases involve prosecution by the government.
- Civil cases typically seek compensation, while criminal cases may result in fines or imprisonment.
- Both courts ensure justice is served according to the law.
</details>

---

### 5. Contracts are legally binding in Taiwan.
**合約在台灣具有法律效力。**
- **contracts** = 合約
- **legally binding** = 具有法律效力的

<details> <summary>Why are contracts important in Taiwan?</summary>

- They ensure that parties fulfill their agreements.
- Breaking a contract can result in legal consequences.
- Contracts are used in business, employment, and property transactions.
- A valid contract requires mutual consent and clear terms.
- Contract disputes can be settled in civil courts.
</details>

---

### Additional Vocabulary Practice:

#### legal system
- Taiwan’s legal system ensures the protection of human rights.
**台灣的法律制度確保人權的保護。**

#### Constitution
- The Constitution serves as the foundation of Taiwan's legal system.
**憲法是台灣法律制度的基礎。**

#### appeal
- Citizens have the right to appeal court decisions they believe are unjust.
**公民有權對他們認為不公正的法院判決提起上訴。**

#### civil court
- Civil courts handle disputes between individuals or businesses.
**民事法院處理個人或企業之間的糾紛。**

#### criminal court
- Criminal courts prosecute individuals who break the law.
**刑事法院起訴違法的個人。**

#### contracts
- Contracts are essential for business agreements.
**合約對於商業協議至關重要。**

#### legally binding
- A contract is legally binding once signed by both parties.
**合約一旦雙方簽署就具有法律效力。**

#### dispute
- Legal disputes can be settled in civil court.
**法律糾紛可以在民事法院解決。**

#### trial
- Every citizen has the right to a fair trial.
**每個公民都有接受公平審判的權利。**

#### prosecution
- Prosecution in criminal courts is carried out by the government.
**刑事法院的起訴是由政府進行的。**

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### Further Practice:

Try discussing Taiwan’s legal system using the vocabulary and sentence structures learned in real-life situations such as:

- Explaining the role of the Constitution in Taiwan.
**解釋憲法在台灣的作用。**

- Comparing civil and criminal cases in Taiwan.
**比較台灣的民事和刑事案件。**

- Discussing the importance of contracts in business.
**討論合約在商業中的重要性。**

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## Quiz on Taiwan's Legal System

### I. Multiple Choice
1. What is the highest law in Taiwan?
- a) The Penal Code
- b) The Civil Code
- c) The Constitution
- d) The Administrative Law
<details> <summary>Answer</summary>c) The Constitution</details>

2. Which court handles criminal cases?
- a) Civil court
- b) Family court
- c) Criminal court
- d) Small claims court
<details> <summary>Answer</summary>c) Criminal court</details>

3. What document is legally binding between two parties?
- a) Appeal
- b) Contract
- c) Complaint
- d) Verdict
<details> <summary>Answer</summary>b) Contract</details>

4. Which word refers to the process of bringing a case to a higher court?
- a) Appeal
- b) Prosecution
- c) Trial
- d) Settlement
<details> <summary>Answer</summary>a) Appeal</details>

### II. Fill in the Blanks
1. The _______ is the foundation of Taiwan's legal system. (憲法)
<details> <summary>Answer</summary>Constitution</details>

2. A contract is _______ binding once signed. (具有法律效力)
<details> <summary>Answer</summary>legally</details>

3. Citizens have the right to _______ court decisions. (上訴)
<details> <summary>Answer</summary>appeal</details>

4. _______ courts handle disputes between individuals. (民事)
<details> <summary>Answer</summary>Civil</details>

### III. Translation
1. Translate the following sentence into Chinese:
Citizens have the right to a fair trial.
<details> <summary>Answer</summary>公民有權接受公平審判。</details>

2. Translate the following sentence into English:
合約具有法律效力。
<details> <summary>Answer</summary>Contracts are legally binding.</details>

### IV. Matching
Match the English words with their meanings in Chinese.

1. prosecution
2. appeal
3. civil court
4. Constitution

a) 上訴
b) 憲法
c) 刑事起訴
d) 民事法院

<details> <summary>Answer</summary>
1 - c) 刑事起訴
2 - a) 上訴
3 - d) 民事法院
4 - b) 憲法
</details>

### V. Sentence Rearrangement
Rearrange the words to form a correct English sentence.

1. contracts / legally / are / binding / agreements.
<details> <summary>Answer</summary>Contracts are legally binding agreements.</details>

2. right / to / have / a / appeal / citizens / court / decisions.
<details> <summary>Answer</summary>Citizens have the right to appeal court decisions.</details>

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### **Taiwan's Legal System: An Overview**

Taiwan’s legal system has evolved over time, influenced by multiple legal traditions. Historically, Taiwan’s laws were shaped by traditional Chinese legal principles, and during the period of Japanese colonial rule (1895-1945), the Japanese legal system heavily impacted Taiwan. After the Republic of China government relocated to Taiwan in 1949, the legal system underwent further reform, incorporating aspects of continental European legal systems, particularly the German and Japanese models.

Today, Taiwan operates under a civil law system, with written laws and statutes playing a central role. The Constitution of the Republic of China (ROC) is the supreme law, and it defines the structure of government, the rights of the people, and the division of powers among different branches of government. Below, we explore some of the core elements of Taiwan's legal system, including the court structure, the role of the judiciary, and key legal principles.

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### **1. Court Structure**

Taiwan’s judicial system is hierarchical, comprising four levels of courts: the **District Courts**, the **High Courts**, the **Supreme Court**, and the **Constitutional Court**.

- **District Courts** are the courts of first instance. They handle both civil and criminal cases. The majority of cases are resolved at this level. If parties are unsatisfied with the outcome, they can appeal to a higher court.

- **High Courts** serve as appellate courts, reviewing cases from District Courts. They ensure that the law was applied correctly during the initial trial and may affirm, reverse, or remand cases for further proceedings.

- **The Supreme Court** is the court of last resort for most cases. It primarily handles appeals on matters of law rather than fact, ensuring consistency in legal interpretations.

- **The Constitutional Court** plays a unique role in Taiwan. It interprets the Constitution, ensures laws and government actions are constitutional, and addresses disputes between government institutions.

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### **2. The Role of Judges and Prosecutors**

Judges in Taiwan are considered neutral arbiters, responsible for interpreting and applying the law in individual cases. Taiwan’s civil law tradition emphasizes the importance of statutes, meaning that judges rely heavily on written laws and legal codes to resolve disputes.

**Prosecutors** are responsible for investigating crimes and representing the state in criminal cases. Taiwan’s criminal justice system is largely accusatorial, meaning that prosecutors must present evidence to prove the guilt of the accused beyond a reasonable doubt. However, unlike in adversarial systems, judges in Taiwan play a more active role in investigating facts and questioning witnesses during the trial.

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### **3. Key Legal Concepts**

Several key legal concepts define the workings of Taiwan’s legal system. These include the **presumption of innocence**, the **principle of proportionality**, and the **right to a fair trial**.

- **Presumption of Innocence**: In Taiwan, as in many modern legal systems, defendants are presumed innocent until proven guilty. This principle ensures that the burden of proof lies with the prosecutor, who must establish the defendant’s guilt beyond a reasonable doubt.

- **Principle of Proportionality**: This principle governs the relationship between the actions of the state and the protection of individual rights. Laws and punishments must be proportional to the severity of the offense, and government actions must not exceed what is necessary to achieve their objectives.

- **Right to a Fair Trial**: The right to a fair and public trial is enshrined in Taiwan’s Constitution. This includes the right to legal representation, the right to confront witnesses, and the right to appeal judgments to higher courts.

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### **4. Human Rights Protections**

Taiwan has made significant strides in protecting human rights, particularly in recent decades. The Constitutional Court has played a crucial role in safeguarding the rights of individuals, often acting as a check on government power.

One of the most notable decisions came in 2017, when the Constitutional Court ruled that same-sex couples have the right to marry, making Taiwan the first country in Asia to legalize same-sex marriage. This decision was a landmark in Taiwan’s human rights development and reflects the judiciary’s commitment to interpreting the Constitution in a way that protects individual rights and freedoms.

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### **5. Legal Reforms and Current Challenges**

Despite its achievements, Taiwan’s legal system continues to face challenges. Legal reform has been a continuous process, particularly in the areas of criminal justice, environmental law, and human rights protections. One ongoing issue is the slow pace of judicial proceedings. Critics argue that lengthy trials and delays in court rulings can hinder access to justice, particularly in complex cases.

Moreover, while Taiwan has made significant progress in human rights protections, there are still calls for further reforms, especially in areas such as labor rights and indigenous rights. As Taiwan continues to evolve as a democratic society, its legal system will need to adapt to address these emerging challenges.

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### **6. International Influence and Legal Cooperation**

Although Taiwan is not a member of the United Nations, it actively participates in international legal forums and cooperates with other countries on legal matters. Taiwan has signed several bilateral agreements on judicial assistance, extradition, and the exchange of legal expertise.

Taiwan’s participation in international human rights treaties, even though it cannot formally ratify them due to its political status, underscores its commitment to aligning with global legal norms. For example, Taiwan has adopted legislation that mirrors international standards in areas like anti-corruption, environmental protection, and labor rights.

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### **Conclusion**

Taiwan’s legal system is a complex and evolving structure that draws on multiple legal traditions while adapting to the needs of a modern, democratic society. Its commitment to human rights, the rule of law, and judicial independence has made it a model for legal development in the region. However, ongoing reforms are necessary to address the challenges posed by an ever-changing social and political landscape.

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#### Reading Comprehension Questions

##### **I. Multiple Choice**

1. What is the primary role of District Courts in Taiwan’s legal system?
a) To review appeals from High Courts
b) To interpret the Constitution
c) To serve as the courts of first instance for civil and criminal cases
d) To handle disputes between government institutions
<details> <summary>Answer</summary>c) To serve as the courts of first instance for civil and criminal cases</details>

2. Which court in Taiwan has the power to interpret the Constitution?
a) District Courts
b) High Courts
c) The Supreme Court
d) The Constitutional Court
<details> <summary>Answer</summary>d) The Constitutional Court</details>

3. What is one of the main principles in Taiwan’s criminal justice system?
a) Presumption of guilt
b) Judges remain passive during trials
c) Prosecutors must prove guilt beyond a reasonable doubt
d) The accused has no right to confront witnesses
<details> <summary>Answer</summary>c) Prosecutors must prove guilt beyond a reasonable doubt</details>

4. What significant ruling did Taiwan's Constitutional Court make in 2017?
a) Legalizing euthanasia
b) Allowing same-sex marriage
c) Abolishing the death penalty
d) Expanding voting rights
<details> <summary>Answer</summary>b) Allowing same-sex marriage</details>

##### **II. True or False**

1. The Supreme Court in Taiwan handles appeals related to both facts and legal interpretations.
<details> <summary>Answer</summary>False</details>

2. Taiwan’s legal system has been influenced by both Chinese and Japanese legal traditions.
<details> <summary>Answer</summary>True</details>

3. In Taiwan, the right to a fair trial is not guaranteed by the Constitution.
<details> <summary>Answer</summary>False</details>

4. Prosecutors in Taiwan play a passive role during criminal trials.
<details> <summary>Answer</summary>False</details>

##### **III. Fill in the Blanks**

1. The ________ Court is responsible for interpreting the Constitution in Taiwan. (憲法)
<details> <summary>Answer</summary>Constitutional</details>

2. Defendants are presumed _______ until proven guilty in Taiwan's legal system. (無罪)
<details> <summary>Answer</summary>innocent</details>

3. Legal _______ are an essential part of Taiwan’s ongoing efforts to improve its justice system. (改革)
<details> <summary>Answer</summary>reforms</details>

4. The principle of _______ ensures that punishments in Taiwan are fair and proportional to the crime. (比例)
<details> <summary>Answer</summary>proportionality</details>

##### **IV. Matching**

Match the legal terms with their correct descriptions.

1. Prosecutor
2. District Court
3. Right to a Fair Trial
4. Human Rights

a) Handles most first-instance cases
b) Guarantees legal representation and an impartial trial
c) Individual freedoms and protections enshrined in law
d) Investigates crimes and represents the state in criminal trials

<details> <summary>Answer</summary>
1 - d) Investigates crimes and represents the state in criminal trials
2 - a) Handles most first-instance cases
3 - b) Guarantees legal representation and an impartial trial
4 - c) Individual freedoms and protections enshrined in law
</details>

##### **V. Sentence Rearrangement**

1. is / system / influenced / Taiwan’s / by / multiple / legal / traditions
<details> <summary>Answer</summary

>Taiwan’s legal system is influenced by multiple traditions.</details>

2. to / ensure / right / a / fair / trial / The / protects / Constitution
<details> <summary>Answer</summary>The Constitution protects the right to a fair trial.</details>