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Article 5
Judges of courts at all levels that sit below the High Court shall possess one of the following qualifications to be appointed:
1. Having passed the judges or prosecutors qualification examination, or having actually practiced as attorneys for three or more years and possessed the qualifications for the designated position, provided that such appointment is limited to judges of district courts.
2. Having served as tenured judges.
3. Having served as tenured prosecutors.
4. Having served as public defenders for six or more years.
5. Having actually practiced as attorneys for six or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of six or more years, and lectured on primary legal subjects for two or more years with specialized publications in the legal profession, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of six or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
Judges of the High Administrative Court shall possess one of the following qualifications to be appointed:
1. Having served as tenured judges.
2. Having served as tenured prosecutors.
3. Having served on duties of judges or prosecutors, and as civil servants for a total of eight or more years.
4. Having actually practiced as attorneys in administrative litigation for eight or more years, as well as possessed the qualifications for the designated position.
5. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, served as full-time professors, associate professors, or assistant professors at universities or independent colleges accredited by the Ministry of Education for a total of eight or more years, and lectured on subjects of constitutional law, administrative law, trademark law, patent law, tax law, real property law, fair trade law, government procurement law, or in other administrative law courses for five or more years, with specialized publications in relation to the above areas, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as research fellows, associate research fellows, or assistant research fellows at Academia Sinica for a total of eight or more years, with specialized publications on constitutional law or administrative law, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law, political science, or administration or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as civil servants with the selection rank handling administrative appeals or legal affairs of agencies for ten or more years, with specialized publications on constitutional law or administrative law.
Judges of the Supreme Court, the Supreme Administrative Court, or judges of the Disciplinary Court, unless provided otherwise in law, shall possess one of the following qualifications to be appointed:
1. Having served as Justices, as well as possessed the qualifications for the designated position.
2. Having served as judges of the Disciplinary Court.
3. Having served as tenured judges for twelve or more years.
4. Having served as tenured prosecutors for twelve or more years.
5. Having actually practiced as attorneys for eighteen or more years, as well as possessed the qualifications for the designated position.
6. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate programs thereof, and served as full-time professors at universities or independent colleges accredited by the Ministry of Education for a total of ten or more years, and lectured on primary legal subjects for five or more years with specialized publications on primary legal subjects, as well as possessed the qualifications for the designated position.
7. Having graduated from the department of law of public or duly recognized private universities or independent colleges or post-graduate law programs thereof, and served as full-time research fellows at Academia Sinica for a total of ten or more years with specialized publications in primary legal subjects, as well as possessed the qualifications for the designated position.
The term "primary legal subjects" in Subparagraphs 6 and 7 of Paragraph 1, and Subparagraphs 6 and 7 of Paragraph 3 shall refer to constitutional law, civil law, criminal law, private international law, commercial law, administrative law, civil procedure law, criminal procedure law, administrative procedure law, compulsory enforcement law, bankruptcy law, or other primary legal subjects designated by the Examination Yuan.
The years of service under Subparagraphs 6 and 7 of Paragraph 1, Subparagraphs 5 and 6 of Paragraph 2, and Subparagraphs 6 and 7 of Paragraph 3 shall be calculated in combination in accordance with the provisions in respective paragraphs.
The qualifications for the appointment of judges of other specialized courts shall be separately stipulated by the law.
For Justices, attorneys, professors, associate professors, assistant professors and research fellows, associate research fellows or assistant research fellows at Academia Sinica who do not possess the qualifications for the designated positions, the examination for acquiring qualifications of the designated positions may be in the form of written tests, oral tests together with examinations on publications or inventions, or examinations on certification of educational background and work experiences in relation to the knowledge, skills, and abilities required. The regulations governing the examination thereof shall be formulated by the Examination Yuan.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to participate in the selection of judges to be conducted in accordance with Article 7 by the Judicial Yuan, which is commissioned by the Examination Yuan.
The Judicial Yuan and the Examination Yuan shall jointly formulate regulations for the standard, selection procedure, age limit for selected personnel, and other matters that need to be complied with concerning the selection of judges in the preceding paragraph to be conducted by the Judicial Yuan.
Article 87
The prosecutor at the district prosecutors office or their branches shall be appointed with one of the qualifications:
1. Having passed the examination for judges or prosecutors.
2. Having served as a judge.
3. Having served as a prosecutor.
4. Having served as a public defender for more than six years.
5. Having actually practiced as an attorney for more than six years, with excellent grades and possessed the qualifications to be appointed as such.
6. Having graduated from the department of law or the post-graduate program thereof of a public or duly recognized private university or an independent college, served as a full time professor at a university or an independent college accredited by the Ministry of Education for more than six years, lectured on a primary legal subject for more than two years, with publications in the legal profession and possessed the qualifications for the designated position .
The prosecutor at the Prosecutors Office of the High Court or its branch courts shall be appointed with one of the following qualifications:
1. Having served as a tenured judge or a tenured prosecutor at a prosecutors office of a district court or its branch for more than two years, with excellent grades and possessed the qualifications to be appointed as such.
2. Having actually practiced as an attorney for more than fourteen years, with excellent grades, and possessed the qualifications to be appointed as such.
The appointment of a prosecutor at the Prosecutors Office of the Supreme Court shall be based on one of the following qualifications:
1. Having served as a tenured judge or a tenured prosecutor at the High Court or any one of its branch courts for more than four years with excellent grades.
2. Having served as a tenured judge at the level of High Court or any one of its branch courts, and served concurrently as the president or chief prosecutor at the level of district court or any of its branch courts for a combined term of more than four years with excellent grades.
3. Having graduated from the department of law school or the post-graduate program thereof of a public or duly recognized private university, or an independent college, served as a full time professor at a university or an independent college duly recognized by the Ministry of Education, lectured on a primary legal subject, with publications in the legal profession, and served as a judge or prosecutor at the level of High Court or any of its branch courts.
The term "primary legal subjects" in Paragraph 1, Section 6 and Section 3 of the preceding paragraph refers to the constitutional law, Civil Code, Criminal Code, private international law, commercial law, administrative law, civil procedure, criminal procedure, administrative procedure, compulsory execution law, bankruptcy law, or other primary subjects designated by the Examination Yuan as such.
For attorneys, full time professors, associate professors, or assistant professors who do not possess the qualifications for the designated positions, the examination for the designated positions may be in the form of a written test, oral test, together with the evaluation of publication or invention, and review of knowledge- and ability-related education and work experiences and background certification review. The Examination Yuan shall promulgate the examination regulations.
Anyone who passes the qualifications examination for the designated position pursuant to the preceding paragraph only acquires the eligibility to be appointed through the measures of the Ministry of Justice, in term assigned by the Examination Yuan in accordance with Article 88.
The Executive Yuan in conjunction with the Examination Yuan shall promulgate measures for the standards, procedure, age limitation, and other compliance matters concerning the judgeship appointment in the preceding paragraph.