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Title: The Judicial Yuan Organization Act CH
Amended Date: 2015-02-04
Category: Judicial Yuan(司法院)
Article 1
This Act is formulated pursuant to the provision of Article 82 of the Constitution.
Article 2
The Judicial Yuan shall exercise duty and authority granted by the Constitution.
Article 3
The Judicial Yuan shall have 15 Justices, whose duty and authority shall be prescribed by separate statute.
Article 4
A candidate for Justice shall have one of the following criteria:
1. Having served as a judge for at least 15 years with outstanding performance.
2. Having served as a prosecutor for at least 15 years with outstanding performance.
3. Having actually practiced as a lawyer for at least 25 years with outstanding reputation.
4. Having served as a professor in a university or an independent college that is accredited by the Ministry of Education for at least 12 years, lecturing on the subjects as prescribed in the provisions of Article 5 Paragraph 4 of the Judges Act for at least 8 years, and have specialized publications.
5. Having served as a Judge in an international court, or having worked as a public law or comparative law researcher in an academic institution and having authoritative professional publications.
6. Having researched in jurisprudence, and having political experience with outstanding reputation.
The number of Justices with a qualification as prescribed in any of the Subparagraphs of the preceding Paragraph shall not exceed 1/3 of the total number of Justices.
The qualification as described in Paragraph 1 shall be calculated from the date of nomination.
Article 5
The Justices must be above partisanship, exercise duty and authority independently, and free from any interference.
A Justice, who previously transferred from a tenured Judge position and has completed his term of office as a Justice, and whose position is deemed as a non-active Judge, which is excluded in the personnel quota of the organization, is entitled to 2/3 of the total remuneration as prescribed in Article 72 Paragraphs 1 and 2 of the Judges Act, and the Regulations Governing Retirement Benefits and Death Compensation for Political Appointees shall apply mutatis mutandis.
The provisions as prescribed in the preceding Paragraph shall apply mutatis mutandis to the Justice, who previously transferred from a tenured Prosecutor position and has completed his term of office as a Justice.
Article 6
The Judicial Yuan shall establish every level of judicial court, Administrative Court, and the Public Functionary Disciplinary Sanction Commission; the organizational structures and regulations, of which, shall be prescribed by separate statutes.
Article 7
The president of the Judicial Yuan is in charge of general administration and the supervision of the Judicial Yuan and its subordinate agencies.
In the event that the president of the Judicial Yuan is unable to carry out duties in the office, the vice president shall act on his behalf.
In the event that the position of president of the Judicial Yuan is vacant, the vice president shall serve as the substitute up to the day that a successor is nominated and appointed by the President and confirmed by the Legislative Yuan.
In the event that the position of vice president of the Judicial Yuan is vacant, the position should remain vacant until the day that a successor is nominated and appointed by the President and confirmed by the Legislative Yuan.
In the event that the positions of president and vice president of the Judicial Yuan are vacant at the same time, the President shall assign one of the Justices to serve as the substitute president up to the day that the succeeding president and vice president are nominated and appointed by the President and confirmed by the Legislative Yuan.
Article 8
The Judicial Yuan shall be staffed with one secretary general, specially appointed, and one deputy secretary-general with a position ranking at grade-14 of selection rank. The secretary general serves under the order of the president, managing general affairs of the Judicial Yuan, while directing and supervising its staff; the deputy secretary-general serves under the order of the president and assists the secretary general in managing general affairs of the Judicial Yuan.
Article 9
The Judicial Yuan shall establish the following departments to manage affairs relevant to the functions and duties as prescribed to the Judicial Yuan:
1. Civil Department
2. Criminal Department
3. Department of Administrative Litigation and Discipline
4. Juvenile and Family Department
5. Department of Judicial Administration
6. Department of Clerks for the Justices of the Constitutional Court
7. Secretariat
8. Department of Information Management
9. Department of Public Relations
Article 10
Each department of the Judicial Yuan shall have one Director-General and one Deputy Director-General, where position ranking of the Director-General is ranked at grades 12 to 13 of the selection rank, and Deputy Director-General is ranked at grades 11 to 12 of the selection rank; all other required personnel shall be assigned in accordance with the quotas prescribed in this Act.
The Director-General of each department as prescribed in the preceding Paragraph is in charge of the affairs of that department, while the Deputy Director-General is assigned to assist the Director-General.
Article 11
The Judicial Yuan shall have 6 to 8 Counselors, whose position rankings are grades 12 to 13 of the selection rank, in charge of drafting and reviewing regulations and orders, providing professional opinions on legal systems, and handling other assignments.
Article 12
The Judicial Yuan shall have 8 to 14 secretaries with position rankings of grades 8 to 9 of the recommendation rank, where 7 of the secretaries may have position rankings of grades 10 to 12 of the selection rank; 3 Senior Executive Officers with position rankings of grades 10 to 12 of the selection rank; 8 to 12 Senior Specialists, 1 Senior Systems Analyst, 1 Senior Systems Coordinator, each with position rankings of grades 10 to 11 of the selection rank; 31 to 49 Section Chiefs with position rankings of grade 9 of the recommendation rank; 6 to 8 Executive Officer, 42 to 54 Specialists, 4 Systems Analysts, 1 Technical Specialist, each with position rankings of grades 7 to 9 of the recommendation rank; 3 Systems Designers, 2 Systems Coordinators, each with position rankings of grades 6 to 8 of the recommendation rank; 87 to 115 Officers with position rankings of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank; 1 to 2 Stenographers with a position ranking of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank; 5 Assistant Technical Specialists with a position ranking of grade 5 of the elementary rank or grades 6 to 7 of the recommendation rank; 12 to 20 Chief Clerks with position a ranking of grade 5 of the elementary rank, where 9 of them may be grades 7 to 9 of the recommendation rank; 7 Assistant Systems Designers with a position ranking of grade 5 of the elementary rank, or grades 6 to 7 of the recommendation rank; 8 Systems operators with position rankings of grades 4 to 5 of the elementary rank, where 4 of them may be grade 6 of the recommendation rank; 1 to 6 Assistants with position rankings of grades 4 to 5 of the elementary rank; 1 to 3 Bailiffs with position rankings of grades 3 to 5 of the elementary rank; 12 to 18 Clerks with position rankings of grades 1 to 3 of the elementary rank.
Current employees of the Judicial Yuan, who were retained in accordance with past employment regulations, but with no qualifications for civil servant employment, may continue on as Clerks as prescribed in the preceding Paragraph until such employment comes to an end.
Article 13
The Judicial Yuan may transfer court judges of all levels to manage administrative affairs at the Judicial Yuan, as needed to perform the various functions.
As required by trial cases, the Judicial Yuan may transfer judges to the Judicial Yuan to assist Justices with matters such as substantive examination, dispute analysis, and judgement drafting.
Article 14
The Judicial Yuan shall have 15 Justice's Assistants, whose positions should be filled by various professionals in accordance with applicable laws. A Justice's Assistant shall support a Justice in reviewing trial case proceedings, preliminary collation of disputes, information collection, and other tasks.
A Justice's Assistant must be a professional with proven license, and during his service as the Justice's Assistant the duration shall be counted toward his seniority of professional practice.
The regulations governing personnel selection, training, operations, managing and performance evaluating of a Justice's Assistant shall be prescribed by the Judicial Yuan.
Article 15
The Judicial Yuan shall establish a Department of Personnel, Department of Accounting, Department of Statistics, and Department of Civil Service Ethics to manage affairs relating to human resources, annual budgets, accounting, statistics, and civil service ethics as prescribed by law.
There shall be one Director-General and one Deputy Director-General each for the Department of Personnel, Department of Accounting, Department of Statistics, and Department of Civil Service Ethics. The position ranking for Director-General is grades 12 to 13 of the selection rank, and the position ranking for Deputy Director-General is grades 11 to 12 of the selection rank; all other required personnel shall be assigned in accordance with the quota prescribed in this Act.
Article 16
Each department may be divided into sections as required by business demands, and each section may be divided into units as needed, where the Unit Chief positions shall be served concurrently by secretaries of the recommendation rank, executive officers, specialists, analyst or officers of the recommendation rank. There shall be no separate positions established.
The Section Chief and Unit Chief positions of the Department of Clerks for the Justices, who manage affairs relating to trial support may be served concurrently by Chief Clerks with recommendation rank. There shall be no separate positions established.
Article 17
To pool suggestions and to discuss critical matters, the president of the Judicial Yuan may convene Judicial Yuan meetings; the regulations of the Judicial Yuan meetings shall be prescribed by the Judicial Yuan.
Article 18
The Judicial Yuan may set up various committees as demanded by business requirements, wherein the required committee member and personnel positions shall be assigned by the president from the existing staff to serve concurrently.
Article 19
The Judicial Yuan shall establish a Judges Academy, the organizational structures and regulations of which shall be prescribed by separate statutes.
Article 20
To fulfill the need of preserving and displaying judicial artifacts, the Judicial Yuan may establish a Judicial Museum; of which, the organizational structures and regulations shall be prescribed by the Judicial Yuan.
Article 21
The Judicial Yuan shall prescribe the administrative procedures and regulations for the Judicial Yuan.
Article 22
This Act shall enter into force from the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China