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With a special place among the world's important trading countries, Taiwan presents the international practitioner with its own particular legal issues and problems. Among the world's most many-sourced legal systems, the law of Taiwan sustains major elements from Chinese and Japanese sources as well as its own indigenous and traditional rules and strong influences from both civil and common law traditions. This convenient guide, written by a scholar-practitioner who is both Dean of Law at the National Taiwan University and a panelist in the World Trade Organization's Dispute Settlement Body, is an ideal introduction and practical handbook for anyone involved in a transaction that raises issues in Taiwanese law. After detailed summaries of Taiwan's system of government, its court system, sources of law, and administrative law and procedure, the author covers practice and procedure in such fields of legal activity as the following: contracts; torts; consumer protection; property rights; family law; law of succession; alternative dispute resolution; intellectual property law; trade; government procurement; labor law; and criminal law and procedure. International lawyers will find all the legal situations most likely to arise in the course of transactions connected to Taiwan covered expertly and knowledgeably in this very useful book. It is also valuable to students and scholars for its special insights into issues of comparative law.
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
The police in Taiwan played a critical role in the largely peaceful transition from an authoritarian regime to a democracy. While the temptation to intervene in domestic politics was great, the top-down pressure to maintain a neutral standing facilitated an orderly regime change. This is the first monograph to examine the role of the police as a linkage between the state and civil society during the democratic transition and the role of the police in contemporary Taiwan. Starting with a brief history of Taiwan, this book examines the development of policing in Taiwan from a comparative, environmental, historical, operational, philosophical and political perspective; considers the role of the police in the democratic transition; and draws comparisons between police cultures in the East and in the West – both now and in the past. Taiwan operates as a modern country within an East Asian culture and this book shows that Taiwan’s move towards democracy may have political ramifications for the rest of the nations in the area. Including references to literature on policing in China and the U.S, this book about Taiwan police may serve as a springboard for academics and students to learn about similar cultures in this important area of the world. Policing in Taiwan will be of interest to academics and students who are engaged in the study of criminology, criminal justice, policing studies and Asian studies, as well as the general reader.
Annotation Melissa Brown looks at the issue of Tiawan - specifically whether or not the Taiwanese are of Chinese/Han ethnicity (as is claimed by the Chinese government) - or is there in fact a Taiwanese ethnicity that is in fact unique unto itself (as the Taiwanese claim).
This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."
Co-published by Shung Ye Museum of Formosan Aborigines, University of California, Berkeley & National Taiwan University Press. Taiwan Since Martial Law epitomizes the reinvigoration of cultural pluralism, which characterizes the dynamic processes of democratized Taiwan. With the lifting of martial law in 1987, people have awakened to their respective cultural identities and contributed to a sociopolitical renaissance strengthening the island's sense of national destiny and commitment to self-determination. Nineteen chapters highlight Taiwan's social and cultural diversity and the complexities of its politics and economy. The preface by Bo Tedards depicts the avenues of Taiwan's democratization with his 'trajectories' of political alternatives. The opening chapter by the editor David Blundell traces his personal experiences during the martial law transition and his reflections on an emerging Taiwan "sense of place." Pro-democracy activists organized to demand free elections, human rights, respect for local heritages, and environmental sustainability.
The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.