Guide to Foreign and International Legal Citations - New York ...

I. COUNTRY PROFILE (Civil Law)
188
TAIWAN
T'ai-wan (Republic of China (Taiwan))
Taiwan is a unitary state and democratic republic that currently administers Taiwan,
Penghu and several outlying islands of Fujian. It has a civil law system primarily influenced by
Japan, Germany, and the United States. The official title of Taiwan is “Republic of China”
(ROC) (N.B., “China” refers to the People’s Republic of China (PRC)). Most major nations
maintain unofficial, semi-diplomatic relations with Taiwan. The official language is Mandarin
Chinese, but Taiwanese is frequently used. The Romanization of Chinese in Taiwan uses both
Tongyong pinyin, which has been officially adopted by the national government, and Hanyu
pinyin. Taiwan’s legal system is based on the civil law tradition.
The Constitution, adopted in 1947 for all of China, has been heavily revised since 1991
(with the last revision occurring in 2000), in response to Taiwan’s abandonment of its claim of
governing mainland China. The Taiwanese authorities no longer dispute the fact that the PRC
controls mainland China. The Constitution establishes Taiwan’s form of governance.
The President, who is the head of state, has authority over the five administrative
branches (Yuan): Executive, Legislative, Control, Judicial, and Examination. The president is
directly elected by the people to a four-year term that may be renewed once.
Executive power is vested in the Executive branch, which consists of the Premier and
the Cabinet. The Premier, who is the head of the Executive branch, is appointed by the President.
Members of the Cabinet are nominated by the President and approved by the Legislative branch.
The second National Assembly, elected in 1991, was composed of 325 members. The
majority was elected directly while 100 were chosen from party slates in proportion to the
popular vote. This National Assembly amended the Constitution in 1994, paving the way for the
direct election of the president and vice president in March 1996. The National Assembly
retained the authority to amend the constitution, recall or impeach the president and the vice
president, and ratify certain senior-level presidential appointments. In April 2000, the members
of the National Assembly voted to permit their terms of office to expire without holding new
elections. They also determined that such an election would be called in the event the National
Assembly is needed to decide a presidential recall or a constitutional amendment.
The main lawmaking body, the Legislative Yuan (LY), was originally elected in the late
1940s in parallel with the National Assembly. The first LY had 773 seats and was viewed as a
“rubber stamp” institution. The second LY was elected in 1992. The third LY, elected in 1995,
had 157 members serving 3-year terms. The fourth LY, elected in 1998, was expanded to 225
members. The LY has greatly enhanced its standing in relation to the Executive Yuan and has
established itself as an important player at the central level.
Legislative power is vested primarily in the unicameral LY with 225 seats, of which
168 seats are elected by popular vote as regional representatives. Eight seats are popularly
elected by the aboriginal people. Of the remainder, 41 seats are given to national representatives
and 8 seats to overseas Chinese representatives, whom are appointed by the political parties by
way of proportional representation. Members serve three-year terms and can be elected
indefinitely. Originally, the National Assembly, as a standing constitutional convention and
electoral college, held some parliamentary functions. It has now become a non-standing body of
300 delegates appointed by the political parties in proportion to their membership in the LY in