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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/20 00:07
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Chapter Law Content

Chapter 1 General Provisions
Article 1
This Act is specifically enacted to safeguard a wholesome self-growth path for juveniles, to reasonably settle family disputes, and to promote professional judicial effectiveness.
Article 2
The First Instance of the following cases is under the jurisdiction of the Juvenile and Family Court, unless otherwise provided by law:
1. Cases that are within the scope of the Juvenile Delinquency Act.
2. Cases that are within the scope of the Family Act.
3. Other cases, as provided by law, that are within the scope of the Juvenile and Family Court, the Juvenile Court, and juvenile court divisions or family court divisions of the District Court.
The appeal cases of the non-litigation cases that arise out of Subparagraphs 2 and 3 of the preceding Paragraph shall fall under the jurisdiction of the Juvenile and Family Court, unless otherwise provided by law.
Cases as described in the preceding two Paragraphs shall be handled by the juvenile, or family court division of the district court in regions where a Juvenile and Family Court is not available. However, depending on actual situations, dedicated persons may be assigned to assist with the case.
The First Instance of the cases as described in the Subparagraphs 1 and 2 shall be executed by prosecutors of the Prosecutors Office of the district court, where the Juvenile and Family Court is located.
Article 3
The Judicial Yuan shall determine the location for the establishment of Juvenile and Family Court, and shall make a determination on the establishment of additional branches of Juvenile and Family Court, depending on the geographical environment and the case load.
Divisions or changes to the jurisdiction of a Juvenile and Family Court shall be prescribed by the Judicial Yuan.
The High Court and its branches may establish juvenile court divisions, or family court divisions. However, depending on actual situations, dedicated persons may be assigned to assist with the case.
Article 4
A case trialed by the Juvenile and Family Court shall be adjudicated by a single Judge, or a panel of three Judges.
In a collegial trial, the Division-Chief Judge shall be the Presiding Judge; in the absence of the Division-Chief Judge, the most senior judge of the division members, or the eldest of the judges with the same seniority, shall act as the Presiding Judge.
In a one-judge trial, the sitting Judge shall act and perform duties as the Presiding Judge.
Article 5
The classification of and the required number of personnel in a Juvenile and Family Court shall be determined in accordance with the provisions of the appended Schedule.
The Judicial Yuan shall prescribe the rules governing applicable classification and changes for Juvenile and Family Court.
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