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Taiwan Taichung District Court

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THE ORGANIZATION OF THE COURT

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Our organization system consists of trial system, non-contentious affair system and administrative system.


TRIAL SYSTEM


It is principally divided into civil court and criminal court.
1.Civil Trial
         The ordinary lawsuits and summary lawsuits are independently examined by one magistrate judge. Significant or complicated election lawsuit and the appeal against the summary trial are examined together by three magistrate judges. One of them is the presiding magistrate judge.


2.Criminal Trial
        Summary verdict of criminal case and the summary trial procedure are independently examined by one magistrate judge. Principally, trial procedure and the appeal against the verdict made by the criminal summary court are examined together by three magistrate judges. One of them is a presiding magistrate judge.


3.Civil Enforcement Office
         The creditor who receives an enforcement permission to order the creditor to fulfill the debt, such as a civil conclusive judgment, a record of reconciliation, a record of meditation or a conclusive payment warrant, may apply for an enforcement on the debtor to fulfill the debt, or to order the debtor to do or not to do a particular thing. 


4.Office of the Public Defender
         During the trial in criminal case, if the defendant without his own attorney commits an offence with basic punishment over 3 years, or is unable to make complete statement due to mental retardation, the presiding magistrate judge should appoint a public defender to defend for the defendant. As to other trials, if the defendant of low-income family doesn't select an attorney for his own, and applies for an appointment, or the presiding magistrate judge deems it is necessary, he should appoint a public attorney to defend for the defendant.

 


NON-CONTENTIOUS AFFAIR SYSTEM


       Non-contentious cases can be settled via non-contentious affair procedure for the purpose of rapidity and economy. Our court has non-contentious affair center, notary office, deposit office and register office to entertain non-contentious affairs. 


1.Non-contentious Affair Center
         For ordinary non-contentious affairs such as payment warrant, ruling of promissory note, ruling of collateral auction, applicant's application will be examined in writing without a long oral debate. It shortens the flow path of working, and safeguard the rights and interests of the party. Because the procedure is simple, and the examining is fast, many people apply for non-contentious procedure to settle a variety of affairs. 


2.Notary Office
         Notary office protects private rights. It is a law system that public notary proves a specific legal action and the fact of a private right. It has a strong evidence effect and enforcement force. The notarial work is divided into notarization and verification. In addition to the notary office in our juridical building, we also set up two branch notary offices in  Feng Yuen and Sha Lu. The notary public goes there to give service periodically, and relieves civilians' traveling inconveniences.

   In addition to the notary office in the court handling notarization and verification, there are many private notary offices handling the same notarization and verification. Their rates and the effect of notarization and verification are identical to those of the notary public in the court. 


3.Deposit Office
        Deposit office is in charge of (1) deposit of settlement, (2) deposit of bond, (3) withdrawal of deposit, (4) claim of deposit.

The debtor wants to settle the debt, but the creditor wants to delay the settlement, or the debtor is not blamed for being unable to verify who is the creditor, then the debtor may deposit the article to be given in the deposit office so as to settle the debt. It is called "deposit of settlement". 

"Deposit of bond" is to offer a certain amount of money as a guarantee according to the ruling of the court so as to ask the court to sequestrate the debtor's property, to prohibit the debtor from doing something, or to execute the debtor's property forcibly. 


4.Register Office
         Register office entertains the registrations of the legal person, and the registrations of the contract of matrimonial property regimes. The registrations of the legal persons consists of the registration of establishment, change and abolishment of the juridical person and the society person. The registrations of the contract of matrimonial property regimes are divided into "community of property" and "separation of property". Most of the persons who come to register the contract are for the registration of separation of property. 

 


ADMINISTRATION SYSTEM


       The post of Court Commissioner is also held concurrently by a judge. He has to be in overall charge of all the court administration, and also do the trial affairs. 

The Clerk Office has one clerk officer who handles administrative affairs under the command of Court Commissioner. He also directs and supervises the clerks to handle all the administrative affairs. Under the Clerk Office there are civil record section, criminal record section, civil execution record section, summary court record section, document record section, assessment section, data section, general affair section, legal counseling section and judicial police room. In addition to these, there are also personnel room, accounting room, statistics room, ethics room and information room. Each of them handles its own administrative affairs. 

 

  • Release Date:2021-04-24
  • Update:2021-05-21
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