Tsai Ing-wen is a Taiwanese politician, legal scholar, lawyer serving as the President of the Republic of China known as Taiwan, since May 20, 2016. The first woman to be elected to the office, Tsai is the seventh president of the Republic of China under the 1947 Constitution and the second president from the Democratic Progressive Party, she is the first president to be of both Hakka and aboriginal descent, the first unmarried president, the first to have never held an elected executive post before presidency and the first to be popularly elected without having served as the Mayor of Taipei. She was the Democratic Progressive Party candidate in the 2016 presidential elections. Tsai served as party chair from 2008 to 2012, from 2014 to 2018. Tsai studied law and international trade, became a law professor at Soochow University School of Law and National Chengchi University after earning an LLB from National Taiwan University, an LLM from Cornell Law School and a Ph. D. in law from the London School of Economics and Political Science.
In 1993, as an independent, she was appointed to a series of governmental positions, including trade negotiator for WTO affairs, by the then-ruling Kuomintang and was one of the chief drafters of the special state-to-state relations doctrine of President Lee Teng-hui. After DPP President Chen Shui-bian took office in 2000, Tsai served as Minister of the Mainland Affairs Council throughout Chen's first term as a non-partisan, she joined the DPP in 2004 and served as a DPP-nominated at-large member of the Legislative Yuan. From there, she was appointed Vice Premier under Premier Su Tseng-chang until the cabinet's mass resignation in 2007, she was elected and assumed DPP leadership in 2008, following her party's defeat in the 2008 presidential election. She resigned as chair after losing her 2012 presidential election bid. Tsai ran for New Taipei City mayorship in the November 2010 municipal elections but was defeated by another former vice premier, Eric Chu. In April 2011, Tsai became the first female presidential candidate of a major party in the history of the Republic of China after defeating her former superior, Su Tseng-chang, in the DPP's primary by a slight margin.
She was defeated by incumbent Kuomintang candidate Ma Ying-jeou in the 5th direct presidential election in 2012, but was elected by a landslide four years in the sixth direct presidential election in 2016. Tsai was born in Zhongshan District, Taiwan on 31 August 1956, the youngest of 11 children of her father, her father, Tsai Chieh-sheng, was a businessman who ran an auto repair shop, her mother Chang Chin-fong was a housewife. Her given name, Ing-wen, could be translated as "heroic literature" or "English language". During her middle school period, she studied in Taipei Municipal Zhongshan Girls High School, she studied law at the behest of her father. After graduating at the College of Law, National Taiwan University, in 1978, Tsai obtained a Master of Laws at Cornell University Law School in 1980 and a Ph. D. in law at the London School of Economics in 1984. Upon her return to Taiwan, she taught law at the School of Law of Soochow University and National Chengchi University, both in Taipei.
She was appointed to the Fair Trade Commission and the Copyright Commission. She served as consultant for the National Security Council, she led the drafting team on the Statute Governing Relations with Hong Kong and Macau. In 2000, Tsai was given the high-profile appointment of chair of the Mainland Affairs Council. Confirming the held belief that she maintained Pan-Green sympathies, Tsai joined the Democratic Progressive Party in 2004, she was subsequently nominated by the DPP to be a candidate in the 2004 legislative election and was elected as a legislator-at-large. On 26 January 2006, Tsai was appointed to the post of vice president of the Executive Yuan, a position referred to as vice premier, she concurrently served as chairwoman of the Consumer Protection Commission. On 17 May 2007, along with the rest of the cabinet of out-going Premier Su Tseng-chang, resigned to make way for incoming Premier Chang Chun-hsiung and his cabinet. Premier Chang named Chiou I-jen, the incumbent secretary-general of the Presidential Office to replace Tsai as vice premier.
She served as the chair of TaiMedBiologics, a biotechnology company based in Taiwan. The Kuomintang accused Tsai of contracting government work out to TaiMedBiologics during her term as vice premier, while planning to leave the government and lead the company afterward, she was cleared of all alleged wrongdoing. In Kuomintang candidate Ma Ying-jeou's search for his running mate for the 2008 ROC presidential election, Tsai, a DPP member, was suggested. Ma stated that there were no set criteria for a running mate, that his search would not be defined by gender, occupation, or political party affiliations. On 19 May 2008, Tsai defeated Koo Kwang-ming in the election for DPP chair, succeeded outgoing Frank Hsieh as the 12th-term chair of the party, she was the first woman to chair a major Taiwanese political party. Tsai took office on 20 the same day Ma Ying-jeou was inaugurated as president, she said that DPP would work to deepen the Taiwanese localization movement while defending social justice.
She criticized Ma for mentioning closer Cross-Strait relations but nothing about Taiwan's sovereignty and national security. Tsai questioned Ma's stand on Taiw
2012 Taiwan legislative election
The 8th Legislative election was held on 14 January 2012 in Taiwan. Voting elected 113 members of the Legislative Yuan. For the first time legislative elections were held with the presidential election. Elected parliamentarians formed the fifteenth Legislative Yuan session since 1946, when the current constitution came into effect. According to the "Civil Servants Election And Recall Act", subsidies are payable to the political parties who sponsor candidates for Legislative Yuan elections. Article 43 has the following specifications: Every year the state shall apportion subsidies for campaign to the political parties, the standard of apportionment shall be determined based on the latest election of members of the Legislative Yuan. If a ratio of vote attained by the political party achieves not less than 5% in the national integrated election and the overseas election of central civil servants, the subsidy for campaign funds shall be granted to the political party by a rate of NT$50 per vote every year.
The Central Election Commission shall work out the amount of the subsidy every fiscal year, notify the party to prepare the receipt and receive the subsidy from the Central Election Commission within 1 month, till the tenure of the current session of the members of the Legislative Yuan expires. Voting took place on 14 January 2012 between 08:00 and 16:00 local Taipei time at 14,806 polling stations nationwide. Ninth Legislative Yuan
Supreme Court of the Republic of China
The Supreme Court of the Republic of China is the court of last resort in the Republic of China on Taiwan although matters regarding interpretation of the Constitution and unifying the interpretation of laws and orders are decided by the Constitutional Court of the Judicial Yuan. The court in Taiwan was established in 1896, the second year after Taiwan became a part of Japan; the Taiwan High Court at this era, can be considered to be the de facto supreme court in Taiwan, because the case cannot be further appealed to the Supreme Court in Tokyo. After the second world war, Japan gave up its sovereignty on Taiwan, the supreme court of Taiwan's judicial system has become the Supreme Court of the Republic of China; the Supreme Court of the Republic of China was established as the Ta Li Yuan in 1909. After the Chinese reunification, the government of the Republic of China renamed the Dali Yuan to the Supreme court in 1927 and made the Court the nation's court of last resort in 1928. On March 1949, the Court was moved to Canton with the Judicial Yuan.
Shortly after in August 1949, the Court was moved to Taipei, where the Kuomintang government retreated after the Chinese Civil War. It was located at Judicial Building at Chung-king South Road, but it was moved to its current location on Chang-sha Street since 1992; the Organic Law of the Court states that the judicial system shall be composed of the Supreme Court, High Courts, District Courts, in which the system of “three-level and three-instance” is used. The Supreme Court is the court of last resort for criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. More the Court exercises jurisdiction over the following cases: appeals from judgments of High Courts or their branches as courts of first instance in criminal cases. One thing special about the Supreme Court of Taiwan is. Now there are 9 criminal chambers and 8 civll chambers, each consists of 5 judges.
All the appeal cases are decided by these chambers. Because these chambers might have different opinions, the function of the Supreme Court to unify the construction of the law in the country is diminished. In order to unify the opinions, judges in civil chambers and criminal chambers hold meetings and make resolutions on legal questions; those resolutions are not binding, but have de facto binding effect. Cases are forwarded to either the Civil Section or the Criminal Section, which will record the case according to the year, class of case, as well as order of receipt; the case is reviewed by the Rules for Initial Review of Criminal Cases. After review, if the Court finds the case is defective, it will send the case back to the original court or order the party to amend the defects. If the Court finds the case to be in good form, the case is sent to the Case Assignment Subsection, which will assign the case to a certain justice. Cases before the Supreme Court are heard and decided by a panel of five judges, with the Division Chief Judge acting as the presiding judge and the chairperson in deliberation.
The Court decides only issues of law, must base its decision on the facts ascertained in the judgment of the court of second instance. An appeal may be made to the Court only on the grounds that the original judgment is in violation of law or order. Documentary review proceedings are the norm, but if necessary, the presiding justice hear oral arguments in which issues of law are debated; the Supreme Court has a President, of the special appointment rank and, in charge of the administrative affairs of the entire court and who acts concurrently as a Judge. Yu Yuangao Lin Xiang Ju Zheng Jiao Yitang Li Ba Xia Qin Xie Yingzhou（13 July 1948－1966） Zha Liangjian（1966－1968） Chen Pu-sheng（1968－1972） Chien Kuo-cheng（1972－1987） Chu Chien-hung（1987－1993） Wang Chia-yi（1993－1996） Ge Yi-tsai（1996－1998） Lin Ming-te（1998－2001） Wu Chi-pin（2001－2007） Yang Jen-shou（2007－2012） Yang Ting-chang（2012－2015） Cheng Yu-shan Chang Chin-lan was the first female supreme court judge of the Republic of China. History of law in Taiwan Law of Taiwan Six Codes Constitution of the Republic of China Judicial Yuan High Court District Courts Ministry of Justice Supreme Prosecutors Office Taiwan High Prosecutors Office List of law schools in Taiwan Chang-fa Lo, The Legal Culture and System of Taiwan.
Official Website of the Supreme Court of ROC Taiwan Law Resources The Judicial Yuan The Ministry of Justice Taipei District Prosecutors Office Legislative Yuan Executive Yuan
District Courts (Taiwan)
The District Courts are the ordinary trial courts of general jurisdiction under the law of Taiwan. There are 22 district courts under the jurisdiction of the Republic of China. District courts were first established in Taiwan in 1896; the jurisdiction of the district courts changed several times in the Japanese era. There were five district courts in Taiwan as of 1945, the end of the Japanese rule, when the courts were incorporated into the Republic of China court system. Note that the Empire of Japan was granted extraterritoriality in China from late 19th century until World War II. During this time, Taihoku District Court handled the trial cases regarding Japanese citizens in the Chinese provinces of Fujian and Yunnan. After World War II, more district courts were established as the population growth; the newest district court, Ciaotou District Court, was established in September 2016 in Kaohsiung. This makes the total count of district courts in Taiwan to 22. There are 20 district courts under the jurisdiction of the Taiwan High Court and 2 district courts under the jurisdiction of the Fuchien High Court.
The Kinmen and Matsu district courts are under the jurisdiction of the Fuchien High Courts as those counties are part of Fujian Province and not part of Taiwan Province. The jurisdictions of district courts do not always follow the boundary of the administrative divisions; each District Court may establish summary division for different regions under it, for the adjudication of cases suitable for summary judgment and small claims cases. The civil summary procedure is for cases involving an amount in controversy of not more than 500,000 New Taiwan dollars and for simple legal disputes; the small claims cases are cases demanding payment for less than 100,000 NTD. There are a total of 45 divisions in Taiwan. Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases; each of the District Courts has civil and summary division and may establish specialized divisions to handle cases involving juveniles, family and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order.
Each division has a Division Chief Judge who assigns the business of the division. Each District Court has a Probation Officers' Office. A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge; the Juvenile Court decides only cases involving juveniles. District Courts have jurisdiction over the following cases: Ordinary or summary civil and criminal cases as well as civil small claim cases as courts of the first instance. On 31 March 2017, Taipei District Court finished a judgment of first instance, this is the first time, the collegial court invoked the concept of "civil disobedience", Identify the motive and purpose of the protest act, are related to public affair.
They said. History of law in Taiwan Law of Taiwan Six Codes Constitution of the Republic of China Judicial Yuan Supreme Court of the Republic of China High Court Ministry of Justice Supreme Prosecutor Office Taiwan High Prosecutors Office List of law schools in Taiwan Taiwan Law Resources The Judicial Yuan The Ministry of Justice Taipei District Prosecutors Office Legislative Yuan Executive Yuan
2008 Taiwanese United Nations membership referendums
Two referendums on United Nations membership applications were held in Taiwan on 22 March 2008, the same day as the presidential elections. The first referendum question, supported by the Democratic Progressive Party of President Chen Shui-bian, asked whether voters agree that the government should seek United Nations membership under the name "Taiwan"; the second referendum question, supported by the Kuomintang, which on the same day won the presidential election, asked whether voters supported "our nation" seek to "return" to the United Nations and join other international organisations under "flexible and practical strategies", including joining as "Republic of China", "Taiwan", or any other name that aids success and national dignity. Although large majorities voted in favour of both proposals, the referendums were invalidated as voter turnout was just 36%, well below the 50% required. In contrast, the simultaneous presidential elections had a turnout of 76%. Proposal 5 was initiated by You Si-kun, former Premier and chairman of the Democratic Progressive Party.
The topic was "Application to become a new member of the United Nations under the name “Taiwan”" Proposal 6 was first initiated by Vincent Siew, former Premier and Vice President. Although the proposals referendums were both supported by one of the two major parties in Taiwan, they were both formally voter-initiated, rather than government-sponsored. While the KMT initiated one of the two referendums, it encouraged its voters to least boycott the DPP-initiated referendum, expressed understanding if supporters chose to boycott both referendums. Although KMT officials such as presidential candidate Ma Ying-jeou and chairman Wu Po-hsiung received ballot papers for the KMT-sponsored referendum, their family and other KMT officials, such as chairman emeritus Lien Chan refused to take ballot papers for either referendum. Former president Lee Teng-hui did not take either ballot paper, which he said was because he "forgot" to bring the documentation, although reporters at the scene pointed out to him that he did not need documentation to vote.
DPP officials, including president Chen Shui-bian, called on voters to vote in both referendums. Referendum on applying for United Nations membership under the name of "Taiwan"Referendum on flexible participation in international organizations United States: The United States Department of State has stated that it opposed a referendum on membership in the United Nations. While it supports Taiwan's democratic development and is not opposed to referendums in principle, it is against "any initiative that appears designed to change Taiwan's status unilaterally." In September 2007, Zogby International conducted an opinion poll on the support of this referendum, the result shows over 61% of Americans believe that the US government should support the referendum. Japan: A Japanese company conducted a poll on the same issue. However, this referendum has not become a major political issue in either the United States or Japan. China: China made few comments on the issue, it argued that the referendum would "endanger peace and stability across the Strait and the Asia-Pacific region.", was "pinning hope on the Taiwan people" and will keep promoting cross-Strait exchanges to strengthen opposition to secessionist forces.
It had stated. After the referendums were defeated due to low voter turnout, the Taiwan Affairs Office of the State Council of the People's Republic of China commented that the results showed the lack of popular support for independence in Taiwan; the Bureau expressed optimism for the two governments to work together to maintain cross-strait peace and aid development in future. President Chen Shui-bian accused both the United States and the European Union of caving into Chinese pressure over the referendum. Official press kit for the Republic of China United Nations membership referendum, 2008 Taiwan’s UN Dilemma: To Be or Not To Be
National Security Council (Taiwan)
The National Security Council is an organ of the Republic of China to advise on issues related to national security directly under the chairmanship of the President. Members of the NSC consist of the Vice President, the Premier, the heads of key ministries, the Chief of the General Staff, the NSC Secretary-General and the Director-General of the National Security Bureau. During the fourth meeting of the first session of the National Assembly in March 1966 in Taipei, the temporary provision effective during the Period of Mobilization for the Suppression of Communist Rebellion was revised; the fourth clause of this amendment authorized the President to establish organs for mobilization to suppress the rebellion of the Communist Party of China, determine policies related to the period of mobilization and deal with war politics. President Chiang Kai-shek ordered Huang Shao-ku, Wang Yun-wu, Chang Chi-yun and Chiang Ching-kuo to organize a small preparatory committee to establish a National Security Council and to draft an organizational program.
In February 1967, President Chiang promulgated an organizational outline for a National Security Council during the mobilization period. Huang Shao-ku was chosen to be the first secretary general and Chiang Ching-kuo was placed in charge of the key works; this marked the establishment of the NSC. Kuo Chi-chiao Chou Tse-jou Zhang Qun Gu Zhutong Huang Shao-ku Shen Chang-huan Wang Tao-yuan Chiang Wei-kuo Shih Chi-yang Ting Mao-shih Yin Tsung-wen Chuang Ming-yao Ting Yu-chou Chiou I-jen Kang Ning-hsiang Chiou I-jen Mark Chen Chen Chung-shin Su Chi Hu Wei-jen Jason Yuan King Pu-tsung Kao Hua-chu Joseph Wu Yen Teh-fa David Lee National Security Bureau National Security Council
The Judicial Yuan is the judicial branch of the government of the Republic of China on Taiwan. Its Justices of the Constitutional Court, with 15 members, is charged with interpreting the Constitution; the President and Vice President of the Judicial Yuan are chosen from among the Justices by the President. Eight of the grand justices, including the president and vice president of the Judicial Yuan, serve four-year terms, the remaining justices serve eight-year terms; the Judicial Yuan supervises the Supreme Court, the high courts, the district courts, the Administrative Court, the Commission on the Disciplinary Sanctions of Public Functionaries. According to Articles 77 and 78 of the Constitution of the Republic of China, Article 5 of the Additional Articles of the Constitution, Articles 30, 43, 75 of the Local Government Systems Act, the major functions of the Judicial Yuan are as follows: To interpret the Constitution and to unify the interpretation of laws and orders. Judicial Administrative Power of the Constitutional Court.
The Justices of the Constitutional Court provides rulings on the following four categories of cases: Interpretation of the Constitution. A petition for an interpretation of the Constitution shall be filed in the following circumstances: Where a central or local government agency is uncertain regarding the application of the Constitution while exercising its powers, or, if the agency, while exercising its powers, has disputes with another agency regarding the application of the Constitution, or if the agency is uncertain of the constitutionality of a particular law or order when applying the same; the Justices are: The Honorable Chief Justice and President of the Judicial Yuan Hsu Tzong-li The Honorable Justice and Vice President of the Judicial Yuan Su Yeong-chin The Honorable Justice Lin Sea-yau The Honorable Justice Chih Chi-ming The Honorable Justice Li Chen-shan The Honorable Justice Tsay Ching-you The Honorable Justice Huang Mao-zong The Honorable Justice Chen Ming The Honorable Justice Yeh Pai-hsiu The Honorable Justice Chen Chun-sheng The Honorable Justice Chen Shin-min The Honorable Justice Chen Be-yue The Honorable Justice Huang Hsi-chun The Honorable Justice Lo Chang-fa The Honorable Justice Tang Te-chung The Supreme Court is the court of last resort for civil and criminal cases.
A civil case can be appealed to the Supreme Court. Except for petty offences enumerated in Article 376 of the Code of Criminal Procedure, any criminal case may be appealed to the Court; this Court exercises jurisdiction over the following cases: appeals from judgments of High Courts or their branches as courts of first instance in criminal cases. There are six High Court branches in the Taiwan Area: The High Courts and its branches exercise jurisdiction over the following cases: Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases; the High Courts and its Branch Courts are divided into civil and specialized divisions. Each Division is composed of one two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, headed by a Chief Clerk who assists the