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Judicial Yuan

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Lai Ching-te ( DPP )

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90-1180: Hsiao Bi-khim ( DPP ) Cho Jung-tai ( DPP ) 11th Legislative Yuan Han Kuo-yu ( KMT ) Shieh Ming-yan acting Vacant Vacant Vacant Control Yuan Chen Chu Lee Hung-chun Local government Central Election Commission Kuomintang Democratic Progressive Party Taiwan People's Party Others New Power Party Taiwan Statebuilding Party People First Party Taiwan Solidarity Union New Party Non-Partisan Solidarity Union Newspapers United Daily News Liberty Times China Times Taipei Times Propaganda Censorship Film censorship Lin Chia-lung Cross-Strait relations Special state-to-state relations One Country on Each Side 1992 Consensus Taiwan consensus Chinese Taipei Australia–Taiwan relations Canada–Taiwan relations France–Taiwan relations Russia–Taiwan relations Taiwan–United Kingdom relations Taiwan–United States relations Republic of China (1912–1949) Chinese Civil War One-China policy China and

180-659: A Master of Arts in 1995. In the United States, Hsiao became active with the Democratic Progressive Party (DPP) representative office in the US, serving as an activity coordinator. On returning to Taiwan, Hsiao became the party's international affairs director, and represented the party at various international conferences for over a decade. After Chen Shui-bian took office as the President of

270-470: A New York Mets game, celebrating the 16th annual Mets Taiwan Day. On 17 August 2022, in the aftermath of then Speaker of the United States House of Representatives Nancy Pelosi 's visit to Taiwan on 2–3 August, China blacklisted seven Taiwanese officials including Hsiao due to their alleged support for Taiwanese independence . The blacklist bans them from entering mainland China and

360-524: A Public Defenders' Office and a Probation Officers' Office. Hsiao Bi-khim Hsiao Bi-khim (born Bi-khim Louise Hsiao ; 7 August 1971) is a Taiwanese politician and diplomat who has been the 13th and current vice president of the Republic of China since 2024, serving under President Lai Ching-te . She is Taiwan's first biracial vice president. She was the Taiwanese representative to

450-557: A certain number of representatives-at-large for the proper functioning of the constitutional system. The Constitutional Court, in voiding the 5th amendment of the Additional Articles of the Constitution , developed criteria by which the constitutionality of a constitutional amendment should be judged: The Supreme Court ( Chinese : 最高法院 ; pinyin : Zuìgāo Fǎyuàn ; Pe̍h-ōe-jī : Chòe-ko Hoat-īⁿ )

540-558: A cult figure after his death. The control by one single party began the period of "political tutelage", whereby the party was to lead the government while instructing the people on how to participate in a democratic system. The topic of reorganizing the army, brought up at a military conference in 1929, sparked the Central Plains War . The cliques, some of them former warlords, demanded to retain their army and political power within their own territories. Although Chiang finally won

630-613: A leaderless and decentralized way and that Sun was only later elected provisional president of the new Chinese republic. However, Sun did not have military power and ceded the provisional presidency of the republic to Yuan Shikai , who arranged for the abdication of Puyi , the last Emperor, on 12 February. On 25 August 1912, the Nationalist Party was established at the Huguang Guild Hall in Beijing , where

720-879: A legislator, she served on the Foreign and Overseas Affairs Committee (外交及僑務委員會), the Procedure Committee (程序委員會), and the Discipline Committee (紀律委員會). Hsiao worked on a number of issues in the legislature, notably women's rights , the rights of foreigners in Taiwan, and other human rights . Hsiao supported amending the Nationality Law to allow individuals born to at least one parent of ROC nationality to also claim ROC nationality irrespective of age, and has also proposed and cosponsored anti-discrimination and anti-domestic violence amendments to

810-425: A number of decisions that facilitated Kuomintang rule within the confines of at least nominal constitutionalism. For the most part, the court served as a legal advisor to the government, rendering decisions that unified interpretations of statutes or ordinances or providing legitimacy for these politically expedient solutions as a result of extension of legislative representatives' terms. In Interpretation No 31 of 1954,

900-465: A panel of three judges. However, one of the judges may conduct preparatory proceedings. The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of

990-700: A poorly planned and ill-supported armed rising to overthrow Yuan, and failed. Yuan, claiming subversiveness and betrayal, expelled adherents of the KMT from the parliament . Yuan dissolved the Nationalists, whose members had largely fled into exile in Japan, in November and dismissed the parliament early in 1914. Yuan Shikai proclaimed himself emperor in December 1915. While exiled in Japan in 1914, Sun established

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1080-720: A term limit of eight years, but this term limit does not apply to the President and Vice President. Before the 1980s, the impact of the Constitutional Court was limited by authoritarian governance. The Court can be seen as an instrument of the Kuomintang regime. It never accepted a case on the constitutionality of the Temporary Provisions , which were the basis of authoritarian rule; The Court declined to hear challenges to these Provisions, and issued

1170-646: A “diehard ‘ Taiwan independence ’ separatist”, and that there should be no form of contact between US government officials and Hsiao. Later on the same month, Hsiao visited Czech Republic where she was invited to speak at the Czech think tank Sinopsis. In response to her visit to the Czech Republic, Chinese Foreign Ministry spokesperson Lin Jian stated that the Czech government should "severely restrain certain (Czech) politicians" and "take effective measures to remove

1260-921: Is a centre-right to right-wing party and the largest in the Pan-Blue Coalition , one of the two main political groups in Taiwan. Its primary rival is the Democratic Progressive Party (DPP), the largest party in the Pan-Green Coalition . As of 2024, the KMT is the largest single party in the Legislative Yuan . The current chairman is Eric Chu . The party originated as the Revive China Society founded by Sun Yat-sen in 1894 in Honolulu . The party underwent reorganization before and after

1350-876: Is also vice chairman of the Taiwan Tibet Exchange Foundation, a member of the board of trustees of the Taiwan Foundation for Democracy, a member of the executive committee of the Council of Asian Liberals and Democrats , and a founding member of the Taiwan Association for Women in Sport (台灣女子體育運動協會). From 2010, Hsiao spent a decade representing the DPP in Hualien County , a strongly pro-Kuomintang conservative region. In

1440-832: Is the court of last resort for civil and criminal cases. A civil case can be appealed to the Supreme Court only when more than NT $ 1,500,000 is at stake. Except for petty offences enumerated in Article 376 of the Code of Criminal Procedure, any criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases: There are six High Court ( Chinese : 高等法院 ; pinyin : Gāoděng Fǎyuàn ; Pe̍h-ōe-jī : Ko-téng Hoat-īⁿ ) branches in Taiwan : The High Courts and its branches exercise jurisdiction over

1530-659: The 1911 Xinhai Revolution , which resulted in the collapse of the Qing dynasty and establishment of the Republic of China (ROC), with Sun as the first president. In 1919, Sun re-established the party under the name "Kuomintang" in the Shanghai French Concession . From 1926 to 1928, the KMT under Chiang Kai-shek successfully led the Northern Expedition against regional warlords and unified

1620-669: The 2016 election , but regained a legislative plurality in the 2024 election . The KMT is a member of the International Democracy Union . The party's guiding ideology is the Three Principles of the People , advocated by Sun Yat-sen and organized on a basis of democratic centralism . As the KMT strongly supports the ROC as the only representative of China, it strongly opposes both Chinese unification under

1710-536: The Democratic Progressive Party (DPP), she is an important figure in the party's foreign policy circles. She formerly served as a vice president of Liberal International . Hsiao was born on 7 August 1971 in Kōbe , Japan . Her father Hsiao Ching-fen is Taiwanese while her mother Peggy Cooley is American . Hsiao's maternal family's presence in the United States dates back to the Mayflower (1620). Hsiao grew up in

1800-639: The Meiji Restoration , Chiang knew relatively little about the West. He also studied in Japan, but he was firmly rooted in his ancient Han Chinese identity and was steeped in Chinese culture . As his life progressed, he became increasingly attached to ancient Chinese culture and traditions. His few trips to the West confirmed his pro-ancient Chinese outlook and he studied the ancient Chinese classics and ancient Chinese history assiduously. In 1923, after

1890-738: The Nanjing incident in March 1927, the NRA stormed the consulates of the United States, the United Kingdom and Imperial Japan , looted foreign properties and almost assassinated the Japanese consul. An American, two British, one French, an Italian and a Japanese were killed. These looters also stormed and seized millions of dollars' worth of British concessions in Hankou , refusing to hand them back to

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1980-618: The Northern Expedition to suppress the warlords began. Chiang had to defeat three separate warlords and two independent armies. Chiang, with Soviet supplies, conquered the southern half of China in nine months. A split erupted between the Chinese Communist Party and the KMT, which threatened the Northern Expedition. Wang Jing Wei, who led the KMT leftist allies, took the city of Wuhan in January 1927. With

2070-638: The People's Republic of China embassy in Sofia. The same month, Hsiao also started a campaign to encourage Taiwanese baseball fans to write e-mails to the New York Yankees to ask them to keep Taiwanese pitcher Chien-Ming Wang at the major league level . Hsiao was one of the DPP lawmakers targeted by some party supporters as being insufficiently loyal, with a pro-independence radio show dubbing her "Chinese Khim" (中國琴) in March 2007, charging that she

2160-592: The Special Administrative Regions of Hong Kong and Macau , and restricts them from working with Chinese officials. Chinese state-run tabloid Global Times labelled Hsiao and the six officials as "diehard secessionists". In April 2023, Hsiao was sanctioned by China for the second time in aftermath of the meeting between President of Taiwan Tsai Ing-wen and then Speaker of the United States House of Representatives Kevin McCarthy in

2250-511: The Tongmenghui and five smaller pro-revolution parties merged to contest the first national elections. Sun was chosen as the party chairman with Huang Xing as his deputy. The most influential member of the party was the third ranking Song Jiaoren , who mobilized mass support from gentry and merchants for the Nationalists to advocate a constitutional parliamentary democracy. The party opposed constitutional monarchists and sought to check

2340-522: The Tongmenghui days, was sent to Moscow for several months' military and political study. At the first party congress in 1924 in Guangzhou , Guangdong, which included non-KMT delegates such as members of the CCP, they adopted Sun's political theory, which included the Three Principles of the People : nationalism, democracy and people's livelihood. When Sun Yat-sen died in 1925, the political leadership of

2430-719: The Tongmenghui , a group committed to the overthrow of the Qing dynasty and to establish a republic in China. The group supported the Xinhai Revolution of 1911 and the founding of the Republic of China on 1 January 1912. Although Sun and the Tongmenghui are often depicted as the principal organizers of the Xinhai Revolution, this view is disputed by scholars who argue that the Revolution broke out in

2520-648: The World Health Assembly , Hsiao called for Taiwan's inclusion in the forum at the Aesthetic Medicine World Congress and Taiwan Dermatology Aesthetics Conference in Taipei. In August 2024, China's Taiwan Affairs Office added a new section to its website, listing 10 Taiwanese politicians and officials including Hsiao as "die-hard Taiwanese independence separatists." In response, Taiwan's Mainland Affairs Council criticized

2610-546: The adjudication of cases suitable for summary judgment . The civil summary procedure is for cases involving an amount in controversy of not more than 300,000 New Taiwan dollar and for simple legal disputes. Currently there are a total of 45 divisions in Taiwan. Additionally, there is a Taiwan Kaohsiung Juvenile Court, established in accordance with the Law Governing the Disposition of Juvenile Cases. Each of

2700-484: The inauguration of US President Joe Biden , the first time Taiwan's US representative had officially attended a US presidential inauguration since the US broke off diplomatic relations with Taiwan in 1979. Standing in front of the US Capitol at the inauguration, she said "Democracy is our common language and freedom is our common objective." On Taiwan National Day 2021, Hsiao threw the ceremonial first pitch before

2790-554: The national government relocated to Taiwan . Following the death of Sun Yat-sen, Chiang Kai-shek emerged as the KMT leader and launched the Northern Expedition to defeat the northern warlords and unite China under the party. With its power confirmed in the southeast, the Nationalist Government appointed Chiang Kai-shek commander-in-chief of the National Revolutionary Army (NRA), and

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2880-525: The 1980s, the Constitutional Court rarely asserted itself as the guardian of the Constitution ; on rare occasions, however, the court nevertheless risked undermining its own institutional authority by standing in opposition to other branches of government. In Interpretation No 86 of 1960, the court held that the law that allowed the Ministry of Justice to supervise the lower courts was inconsistent with

2970-578: The 1990s. The Chinese Communist Party (CCP) was under Comintern instructions to cooperate with the KMT, and its members were encouraged to join while maintaining their separate party identities, forming the First United Front between the two parties. Mao Zedong and early members of the CCP also joined the KMT in 1923. Soviet advisers also helped the KMT to set up a political institute to train propagandists in mass mobilization techniques, and in 1923 Chiang Kai-shek, one of Sun's lieutenants from

3060-560: The Chinese Revolutionary Party on 8 July 1914, but many of his old revolutionary comrades, including Huang Xing, Wang Jingwei , Hu Hanmin and Chen Jiongming , refused to join him or support his efforts in inciting armed uprising against Yuan. To join the Revolutionary Party, members had to take an oath of personal loyalty to Sun, which many old revolutionaries regarded as undemocratic and contrary to

3150-484: The Constitutional Court has responded to these rights challenges with a high number of declarations of unconstitutionality. The Constitutional Court ( Chinese : 憲法法庭 ; pinyin : Xiànfǎ Fǎtíng ; Pe̍h-ōe-jī : Hiàn-hoat Hoat-têng ), also previously known as the Council of Grand Justices ( 大法官會議 ), provides rulings on the following six categories of cases: A petition to declare regulations or laws unconstitutional ( Chapter III cases ) shall be filed in

3240-472: The Court ended the ban on rallies advocating secessionism or communism as a violation of free speech, allowed universities to refuse to allow military "counselors", whose presence in dorms had formerly been mandatory, and allowed teachers to form a union outside the "official" union structure. Constitutional amendments in 1992 provided for the Court to hear challenges against "unconstitutional" political parties, defined as those whose "goals or activities jeopardize

3330-522: The Court held that the Democratic Progressive Party -led Executive Yuan should negotiate with the Kuomintang -dominated Legislative Yuan to resolve the issue. The unity of the executive and legislative branches since 2008 has seen a decline in the number of politically high-profile cases entering into the Constitutional Court's docket. At the same time, the number of individuals' petitions challenging legislative or executive acts on grounds of violation of constitutional rights continued to rise steadily, and

3420-497: The DPP ticket as a supplementary member representing overseas constituencies, citing her experience in international relations. She was subsequently elected in December the same year. In the legislative elections of December 2004, Hsiao was reelected to the Legislative Yuan representing Taipei's first constituency , covering the northern districts of Xinyi , Songshan , Nangang , Neihu , Shilin , and Beitou . As

3510-611: The DPP’s third consecutive presidential race victory. In March 2024, she made a personal visit to the United States, her first foreign travel since being elected as the vice president. In response to her visit, the spokesperson of the Embassy of the People's Republic of China in the United States Liu Pengyu said that "Beijing firmly opposed any visit by Hsiao to the US in any name or under whatever pretext" and called Hsiao

3600-411: The District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles , family , traffic , and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has

3690-533: The Immigration Act. She has also been a proponent of animal rights , proposing amendments to the Animal Protection Act, and also pushed for the passage of the Sexual Harassment Prevention Act in January 2005. In May 2005, Hsiao represented the DPP at the annual congress of Liberal International in Sofia , Bulgaria , during which she was elected a vice-president of the organization. Hsiao alleged that she and other DPP representatives were followed throughout their visit to Bulgaria by two unidentified persons sent by

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3780-485: The Japanese factories and their supplies. Full-scale civil war between the Communists and the Nationalists erupted in 1946. The Communist Chinese armies, the People's Liberation Army (PLA), previously a minor faction, grew rapidly in influence and power due to several errors on the KMT's part. First, the KMT reduced troop levels precipitously after the Japanese surrender, leaving large numbers of able-bodied, trained fighting men who became unemployed and disgruntled with

3870-409: The Judicial Yuan holds the following powers: According to the current Constitution , the Constitutional Court comprises 15 justices . One justice acts as the President of the court, and another acts as the Vice President. All justices, including the President and Vice President, are appointed by the President of the Republic with the consent of the Legislative Yuan . Upon appointment justices have

3960-423: The KMT and its Canton government accepted aid from the Soviet Union after being denied recognition by the western powers. Soviet advisers—the most prominent of whom was Mikhail Borodin , an agent of the Comintern —arrived in China in 1923 to aid in the reorganization and consolidation of the KMT along the lines of the Russian Communist Party (Bolsheviks) , establishing a Leninist party structure that lasted into

4050-468: The KMT as prime recruits for the PLA. Second, the KMT government proved thoroughly unable to manage the economy, allowing hyperinflation to result. Among the most despised and ineffective efforts it undertook to contain inflation was the conversion to the gold standard for the national treasury and the Chinese gold yuan in August 1948, outlawing private ownership of gold, silver and foreign exchange, collecting all such precious metals and foreign exchange from

4140-404: The KMT fell to Wang Jingwei (" Reorganization Group ") and Hu Hanmin (" Western Hills Group "), respectively the left-wing and right-wing leaders of the party. However, the real power was in the hands of Chiang Kai-shek, who was in near complete control of the military as the superintendent of the Whampoa Military Academy . With their military superiority, the KMT confirmed their rule on Canton,

4230-410: The KMT government and military. Chiang was alarmed by the expansion of communist influence; he wanted to suppress internal conflicts before confronting foreign aggression. The KMT were aided by German military advisors. The CSR was destroyed in 1934 after a series of KMT offensives. The communists abandoned bases in southeast China for Shaanxi in a military retreat called the Long March ; less than 10% of

4320-412: The Legislative Yuan upon the end of her term in 2020, and was subsequently named an adviser to the National Security Council in March 2020. That June, Hsiao was appointed Taiwan's representative to the United States. She succeeded Stanley Kao , and was the first woman to assume the role. Hsiao was sworn in to the office on 20 July 2020. On 20 January 2021, Hsiao was officially invited to and attended

4410-441: The PRC and formal Taiwan independence . As the KMT opposes non-peaceful means to resolve the cross-strait disputes while still strongly adhering to the ROC constitution , the party favors a closer relationship with the PRC and accepts the 1992 Consensus , which defines both sides of the Taiwan Strait as " one China " but maintains its ambiguity to different interpretations. It seeks to maintain Taiwan's status quo rather than

4500-427: The ROC losing its United Nations seat and most countries, including its ally the US, switching diplomatic recognition to the CCP-led People's Republic of China (PRC) in the 1970s. In the late 1980s, Chiang Ching-kuo , Chiang Kai-shek's son, lifted martial law and the ban on opposition parties. His successor Lee Teng-hui continued democratic reforms and was re-elected in 1996 through a direct presidential election ,

4590-417: The Republic of China in 2000, Hsiao served as his interpreter and advisor for nearly two years. Her dual US and Republic of China (Taiwan) citizenship while she was holding a government position became an issue, and she renounced her US citizenship in 2002, as required by the Civil Servants Employment Law passed in 2000. In January 2001, Hsiao announced her intention to run for the Legislative Yuan on

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4680-412: The Soviet Model. Chiang was also particularly committed to Sun's idea of "political tutelage". Sun believed that the only hope for a unified and better China lay in a military conquest, followed by a period of political tutelage that would culminate in the transition to democracy. Using this ideology, Chiang built himself into the dictator of the Republic of China, both in the Chinese mainland and after

4770-420: The UK government. Both Nationalists and Communist soldiers within the army participated in the rioting and looting of foreign residents in Nanjing. NRA took Beijing in 1928. The city was the internationally recognized capital, even when it was previously controlled by warlords. This event allowed the KMT to receive widespread diplomatic recognition in the same year. The capital was moved from Beijing to Nanjing,

4860-1380: The US as Taiwan's top representative to the country. As Taiwan's envoy, she said that she would combat China's allegedly aggressive " wolf warrior " (戰狼) diplomacy with her own brand of "cat warrior" (戰貓) diplomacy. Kuomintang Lai Ching-te ( DPP ) Hsiao Bi-khim ( DPP ) Cho Jung-tai ( DPP ) 11th Legislative Yuan Han Kuo-yu ( KMT ) Shieh Ming-yan acting Vacant Vacant Vacant Control Yuan Chen Chu Lee Hung-chun Local government Central Election Commission Kuomintang Democratic Progressive Party Taiwan People's Party Others New Power Party Taiwan Statebuilding Party People First Party Taiwan Solidarity Union New Party Non-Partisan Solidarity Union Newspapers United Daily News Liberty Times China Times Taipei Times Propaganda Censorship Film censorship Lin Chia-lung Cross-Strait relations Special state-to-state relations One Country on Each Side 1992 Consensus Taiwan consensus Chinese Taipei Australia–Taiwan relations Canada–Taiwan relations France–Taiwan relations Russia–Taiwan relations Taiwan–United Kingdom relations Taiwan–United States relations Republic of China (1912–1949) Chinese Civil War One-China policy China and

4950-537: The United Nations Chinese unification Taiwan independence movement Taiwanese nationalism Tangwai movement The Judicial Yuan ( Chinese : 司法院 ; pinyin : Sīfǎ Yuàn ; Pe̍h-ōe-jī : Su-hoat Īⁿ ) is the judicial branch of the Republic of China. It runs the Constitutional Court and oversees all courts of Taiwan, including ordinary courts like the supreme court , high courts , district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law ,

5040-422: The United Nations Chinese unification Taiwan independence movement Taiwanese nationalism Tangwai movement The Kuomintang ( KMT ), also referred to as the Guomindang ( GMD ), the Nationalist Party of China ( NPC ) or the Chinese Nationalist Party ( CNP ), is a political party in the Republic of China , initially based on the Chinese mainland and then in Taiwan since 1949. The KMT

5130-439: The United States from 2020 to 2023, and formerly served as a legislator of the Legislative Yuan from 2002 to 2008 and again between 2012 and 2020. Born in Kōbe , Hyōgo Prefecture , Japan , to a Taiwanese father and an American mother, Hsiao grew up in Tainan , Taiwan , before moving to the United States . She graduated from Oberlin College and Columbia University with a master's degree in political science. A member of

5220-466: The United States. The second set of sanctions also include preventing investors and firms related to the sanctioned individuals from cooperating with mainland China organisations and individuals. On 20 November 2023, Democratic Progressive Party (DPP) presidential candidate Lai Ching-te officially named Hsiao his vice presidential candidate for the 2024 presidential election . On 13 January 2024, Lai and Hsiao were elected president and vice president in

5310-445: The city of Tainan in southern Taiwan. She spoke Mandarin , Taiwanese , and English , and she was raised in a Presbyterian family. She moved to the United States as a teenager and graduated from Montclair High School in Montclair, New Jersey . Hsiao graduated from Oberlin College in 1993 with a Bachelor of Arts in East Asian studies. She then did graduate study in political science at Columbia University and received

5400-402: The communist army survived. A new base, the Shaan-Gan-Ning Border Region , was created with Soviet aid. KMT secret police persecuted suspected communists and political opponents with terror . In The Birth of Communist China , C.P. Fitzgerald describes China under the rule of the KMT thus: "the Chinese people groaned under a regime Fascist in every quality except efficiency." In 1936, Chiang

5490-417: The communists in the civil war. From 1949 to 1987, the KMT ruled Taiwan as an authoritarian one-party state after the February 28 incident . During this period, martial law was in effect and civil liberties were curtailed as part of its anti-communism efforts, with the period known as the White Terror . The party oversaw Taiwan's economic development , but experienced diplomatic setbacks , including

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5580-429: The constitution and required all courts to be placed under the Judicial Yuan. However, this decision was ignored by the government, and the impugned law was not revised until 1980. After the succession of Lee Teng-hui as President in 1987, however, the Court gradually became more active. It began to strike administrative actions that were vague or delegated too much power to the executive branch. Amongst its decisions,

5670-434: The constitutionality of the continued sitting in the National Assembly of members elected on the mainland in 1948 and ordered that: "[T]hose first-term national representatives who have not been re-elected on a periodical basis to cease the exercise of their powers no later than December 31, 1991." The court further required the government to hold a nationwide second-term election of the national representatives including

5760-423: The court extended the legislative representatives' terms, ruling that 'the nation was under crisis and the country could not hold the election for the second term legally'. In the 1960s and 1970s, the Constitutional Court further affirmed the constitutionality of adding extra seats to both the Legislative Yuan and the National Assembly by means of legislative enactments in Interpretation Nos 117 and 150. Prior to

5850-409: The existence of the ROC or a free democratic constitutional order." Amidst the divided government between 2000 and 2008, the Constitutional Court became a primary political mediator of highly charged political disputes; it adopted a 'dialectic approach' in facilitation of political dialogues. For example, in a constitutional dispute concerning the suspension of the construction of a nuclear power plant,

5940-423: The first time in the ROC history. The 2000 presidential election ended 72 years of KMT's dominance in the ROC. The KMT reclaimed power from 2008 to 2016, with the landslide victory of Ma Ying-jeou in the 2008 presidential election , whose presidency significantly loosened restrictions on economic and cultural exchanges with the People's Republic of China. The KMT lost the presidency and its legislative majority in

6030-440: The following cases: The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs. Cases before the High Courts or its Branch Courts are heard and decided by

6120-457: The following circumstances: There are in total of 15 justices ( Chinese : 大法官 ; pinyin : Dàfǎguān ; Pe̍h-ōe-jī : Tōa-hoat-koaⁿ ) serving in the Constitutional Court, current members are: Important decisions of the Constitutional Court are listed as the following. In 1954, the Council of Grand Justices extended the terms of members of the Legislative Yuan and the Control Yuan elected in 1948 , ruling that: "[T]he nation

6210-446: The foreign powers and the Qing dynasty. The KMT government demanded that the foreign powers renegotiate the treaties on equal terms. Before the Northern Expedition, the KMT began as a heterogeneous group advocating American-inspired federalism and provincial autonomy. However, the KMT under Chiang's leadership aimed at establishing a centralized one-party state with one ideology. This was even more evident following Sun's elevation into

6300-412: The formal independence or the unification. The KMT traces its ideological and organizational roots to the work of Sun Yat-sen , a proponent of Chinese nationalism and democracy who founded the Revive China Society at the capital of the Republic of Hawaii , Honolulu , on 24 November 1894. On 20 August 1905, Sun joined forces with other anti-monarchist societies in Tokyo, Empire of Japan , to form

6390-410: The formation of the First United Front , Sun Yat-sen sent Chiang to spend three months in Moscow studying the political and military system of the Soviet Union. Although Chiang did not follow the Soviet Communist doctrine, he, like the Communist Party, sought to destroy warlordism and foreign imperialism in China , and upon his return established the Whampoa Military Academy near Guangzhou, following

6480-538: The fragmented nation , leading to the fall of the Beiyang government . KMT was the sole ruling party of the ROC in China from 1928 to 1949, however the party had no actual control over a lot of territory during this period due to the civil war with the Chinese Communist Party (CCP) and the war against Japanese aggression. The party retreated to Taiwan in December 1949, following its defeat by

6570-539: The magazine for libel in civil court. The magazine was eventually ordered to apologize and issue corrections admitting it had fabricated the story. During her political career, Hsiao and fellow legislators Cheng Li-chun and Chiu Yi-ying gained the nickname "the S.H.E of the DPP." Hsiao has been a long-time supporter of gender equality and LGBT rights in Taiwan . Hsiao is a cat lover, saying in July 2020 that she planned to take her four cats with her when she moved to

6660-481: The move as hindering positive exchanges between the two sides. Her father, Hsiao Ching-fen, was a former president of the Tainan Theological College and Seminary . In November 2000, The Journalist , a local tabloid magazine, wrongly claimed to have been told by Vice President Annette Lu that Hsiao was having an affair with President Chen. No evidence supported the false claim, and Lu sued

6750-545: The negative influence of this incident." During her visit to the Czech Republic, a car belonging to a diplomat from the military section of the PRC embassy in Prague was stopped by authorities after running a red light while apparently tailing Hsiao's convoy. Czech authorities launched an investigation in response to the incident. In May 2024, concurrent with a bipartisan trip to Geneva to advocate for Taiwan's participation in

6840-523: The original capital of the Ming dynasty , and thus a symbolic purge of the final Qing elements. This period of KMT rule in China between 1927 and 1937 was relatively stable and prosperous and is still known as the Nanjing decade . After the Northern Expedition in 1928, the Nationalist government under the KMT declared that China had been exploited for decades under the unequal treaties signed between

6930-474: The people and issuing the Gold Standard Scrip in exchange. As most farmland in the north were under CCP's control, the cities governed by the KMT lacked food supply and this added to the hyperinflation. The new scrip became worthless in only ten months and greatly reinforced the nationwide perception of the KMT as a corrupt or at best inept entity. Third, Chiang Kai-shek ordered his forces to defend

7020-527: The power of Yuan. The Nationalists won an overwhelming majority in the first National Assembly election in December 1912. However, Yuan soon began to ignore the parliament in making presidential decisions. Song Jiaoren was assassinated in Shanghai in 1913. Members of the Nationalists, led by Sun Yat-sen, suspected that Yuan was behind the plot and thus staged the Second Revolution in July 1913,

7110-516: The provincial capital of Guangdong . The Guangxi warlords pledged loyalty to the KMT. The KMT now became a rival government in opposition to the warlord Beiyang government based in Beijing . Chiang assumed leadership of the KMT on 6 July 1926. Unlike Sun Yat-sen, whom he admired greatly and who forged all his political, economic, and revolutionary ideas primarily from what he had learned in Hawaii and indirectly through Hong Kong and Japan under

7200-592: The same year, she lost with a slim minority in a by-election, but was still regarded as having broken the " iron vote " of the Kuomintang. She then set up a Hualien service office, and continued making weekly journeys between Taipei and Hualien. Hsiao returned to the Legislative Yuan in February 2012, elected via party list proportional representation. In 2016, Hsiao succeeded Wang Ting-son as legislator for Hualien County . In 2018, an unsuccessful recall campaign

7290-1060: The second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc. There are currently 22 District Courts ( Chinese : 地方法院 ; pinyin : Dìfāng Fǎyuàn ; Pe̍h-ōe-jī : Tē-hng Hoat-īⁿ ) in Taiwan : Each District Court may establish one or more summary divisions for

7380-582: The spirit of the revolution. As a result, he became largely sidelined within the Republican movement during this period. Sun returned to China in 1917 to establish a military junta at Canton to oppose the Beiyang government but was soon forced out of office and exiled to Shanghai . There, with renewed support, he resurrected the KMT on 10 October 1919, under the name Kuomintang of China ( 中國國民黨 ) and established its headquarters in Canton in 1920. In 1923,

7470-794: The support of the Soviet agent Mikhail Borodin , Wang declared the National Government as having moved to Wuhan. Having taken Nanjing in March, Chiang halted his campaign and prepared a violent break with Wang and his communist allies. Chiang's expulsion of the CCP and their Soviet advisers, marked by the Shanghai massacre on 12 April, led to the beginning of the Chinese Civil War . Wang finally surrendered his power to Chiang. Once this split had been healed, Chiang resumed his Northern Expedition and managed to take Shanghai. During

7560-460: The urbanized cities. This decision gave CCP a chance to move freely through the countryside. At first, the KMT had the edge with the aid of weapons and ammunition from the United States (US). However, with the country suffering from hyperinflation , widespread corruption and other economic ills, the KMT continued to lose popular support. Some leading officials and military leaders of the KMT hoarded material, armament and military-aid funding provided by

7650-776: The war, the conflicts among the cliques would have a devastating effect on the survival of the KMT. Muslim Generals in Gansu waged war against the Guominjun in favor of the KMT during the conflict in Gansu in 1927–1930 . In 1931, Japanese aggression resumed with the Mukden Incident and occupation of Manchuria, and the CCP founded the Chinese Soviet Republic (CSR) in Jiangxi while secretly recruiting within

7740-433: Was close to the DPP's former New Tide faction . Defended by some other DPP members, Hsiao was still not nominated to stand for re-election by the DPP in the January 2008 legislative elections , a move some attributed to being the result of that controversy. Hsiao left the Legislative Yuan after her term expired on 31 January 2008. She served as spokesperson for Frank Hsieh 's unsuccessful 2008 presidential campaign. She

7830-595: Was kidnapped by Zhang Xueliang in the Xi'an Incident and forced into the Second United Front , an anti-Japanese alliance with the CCP; the Second Sino-Japanese War started the following year. The alliance brought little coordination and was treated as a temporary cease fire in the civil war. The New Fourth Army Incident in 1941 ended the alliance. Japan surrendered in 1945, and Taiwan

7920-523: Was organized against Hsiao because of her strong support for same-sex marriage legalization. Hsiao did not yield to pressure, and continued to speak out for Hualien Pride. In August 2019, she received the Democratic Progressive Party nomination to run for another term in Hualien County. She lost her seat to Fu Kun-chi in the 2020 legislative elections. Pan-Green Other Republic of China rule Japanese rule Hsiao stepped down from

8010-406: Was returned to the Republic of China on 25 October of that year. The brief period of celebration was soon shadowed by the possibility of a civil war between the KMT and CCP. The Soviet Union declared war on Japan just before it surrendered and occupied Manchuria , the north eastern part of China. The Soviet Union denied the KMT army the right to enter the region but allowed the CCP to take control of

8100-801: Was under crisis and the country could not hold the election for the second term legally." As a result of the council's ruling, first-term members of the Legislative and Control Yuans continued to serve for the next four decades until 1992 , resulting in distortions of representation. Following the death of some of those representatives, the Temporary Provisions against the Communist Rebellion were amended to allow vacancies to be filled by holding supplementary elections or by adding more seats for representatives elected locally in Taiwan. The Council of Grand Justices issued interpretation No. 261 on June 21, 1990. The Council of Grand Justices ruled on

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