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Republic of China Period

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  • Last updated:2021-01-08
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Year   Date Events 
1912 3.10 The Provisional President Yuan Shikai ordered that “Now the laws of the Republic of China have not been promulgated, so all the existing laws and new criminal laws, except for the laws that are in violation of the articles of the Republic of China, the rest are temporarily valid for compliance.”
1913 1.1 The Ministry of Justice issued the “Provisional Rules for the prosecutorial office to Command Judicial Police.”
  1.6 The Provisional President Yuan Shikai ordered the “Order for uniforms for prosecutor, lawyer and clerk”, and the Article 2 therein stipulated that the edge of the prosecutor’s uniform should be in purple velvet.
  1.31 The Ministry of Justice announced the “Implementation Order for uniforms for prosecutor, lawyer and clerk.”
1914 4.3 The Ministry of Justice announced the “Interim Rules for the Criminal Court of Summary Jurisdiction of the District Judicial Office” and the “Interim Rules for Handling Simple Cases by the Judicial and prosecutorial offices”.
  4.4 The President issued the “Charter for prosecutorial office to Command the Judicial Police.”
  4.5

The President issued the “Provisional Regulations on County Governors to Concurrently Handle Judicial Affairs.” Its Article 1 stated, “The judicial affairs in counties that are without courts shall be handled by the county governors.”

The President issued the “Provisional Regulations for County Governors to Trial”. Its Article 1 stated, “The first instance of all civil and criminal lawsuits in counties should be handled by the county governors if there are no judicial and prosecutorial offices. 

  10.15 The Ministry of Justice issued the “Regulations of the Judicial Workshop”, and its Article 1 stated, “The Ministry of Justice has set up judicial workshops to cultivate judicial personnel.” (That was the earliest judicial officer training institution in our country)
1917  5.1

The President issued the “Charter of Association of the County Judicial Office.” Its Article 1 stated, “Every county without a court shall set up a judicial office.....”

Its Article 2 stated, “The Judicial Office is located in the County Administrative Office with the judges and county governors.” Article 7 stated, “Matters relating to prosecution, investigation, deportation, criminal enforcement and so on shall be handled by the county governor and shall be fully responsible by the county governor.”

1918 6.5 The President issued the “Rules for the Limitation of Criminal Proceedings”. The period of investigation of general criminal cases was set to be 15 days.
  7.17 The President issued the “Regulations of Judicial Officer Ranks” and the “Registrations of Judiciary Official Wages”. 
1921 11.14 The President issued the “Regulations on Criminal Litigations” and the “Regulations on the Enforcement of the Criminal Procedure”.
1927   The Nanjing Nationalist Government temporarily used the three instances at four-level system, and the Ministry of Justice is established with a judicial administrative supervisory unit, the prosecutors office was terminated, and the prosecutors were deployed within the courts of all levels. Except for the Supreme Court Prosecutors Office, the high court and district prosecutors did not have an independent agency, and the original head prosecutor and supervisory prosecutor were changed to chief prosecutor. However, the prosecutors at all levels still exercised their powers independently and were not subject to the interference of courts, but it was quite different from the previous situation of opposition between judge and prosecutors.
  7.26 The Generalissimo of the Army and Navy issued the “Regulations on the Judicial Talent Reserves”. Its Article 1 stated, “The establishment of the Judicial Talent Reserve Hall is for the purpose of cultivating judicial personnel to recover the legal rights.” English, French and Japanese are listed as compulsory subjects.
1928 3.10 The Nationalist Government promulgated the “Criminal Code”, which was implemented on September 1, 1928. (now called the old Criminal Code)
  7.28 The Nationalist Government promulgated the “The Code of Criminal Procedure” and the “Enforcement Rules on the Code of Criminal Procedure.” (The current Code of Criminal Procedure Law was officially announced).
  10.20 The Nationalist Government announced the Organizational Act of Five Yuans, and the Judicial Yuan has a Judicial Administration Agency.
  11.16 Wei Dao-ming became the Judicial Minister.
  11.17 The Nationalist Government ordered the amendment of the “Organization Act of Judicial Yuan” to change the Judicial Administration Agency to the Ministry of Judicial Administration, which was still under the Judical Yuan.
  11.19 The Nationalist Government announced the “Organization Law of the Ministry of judicial Administration of the Nationalist Government.”
1929 1.4 The Judicial Yuan of Nationalist Government ordered to issue the “Regulations on Uniforms of Prosecutor, Clerk and Lawyer”. Its Article 2 stipulated that the edge of prosecutor’s uniform should be in purple, and the hat stamp shall be in blue and white and embedded with the text “Law”.
  1.23 The Judicial Yuan of the Nationalist Government ordered the Ministry of Judicial Administration to set up a training unit for judges.
  2.14 The Ministry of Judicial Administration announced the “Provisional Rules for the Prosecutor to command the Judicial Police.”
  4.17 The Nationalist Government announced the “Organization Law of the Judicial Administration Ministry of Judicial Yuan.”
  10.6 The Judicial Yuan ordered the abolition of “decapitation”.
1930 4.18 Chu Lu-zhen was appointed as the acting president of Judicial Yuan.
  12.27 The Examination Yuan announced the “Regulations for Senior Qualification Examination for Judicial Officers and Lawyers”.
1932 1.1 The Ministry of Judicial Administration was shifted to be under the Executive Yuan, and Lo Wen-ken was named the minister. 
  1.27 The Ministry of judicial Administration promulgated the “Measures for Judicial Officer's Appointment Avoidance”. 
  10.28 The Nationalist Government promulgated the “Court Organization Act”, which was implemented on July 1, 1935. It abolished the three instances at four level system and changed it to three instances at three levels. Only the Supreme Court will set up a prosecutors office, with a number of prosecutor and a head prosecutor. For courts of other levels, there will be several prosecutors and one chief prosecutor. The prosecutor obeys the order of his/her supervisors, and the head prosecutor and chief prosecutor have to personally handle the affairs of their prosecutors. They may also transfer the affairs of their prosecutors to other prosecutors. The prosecutors still exercises their powers to the court independently, but the funds and other administrative powers are owned by the courts. It was slightly changed subsequently with the amendments of the Court Organization Act, Code of Civil Procedure and Code of Criminal Procedure.
1934  10.17  The Organization Act of Nationalist Government was amended, and the Ministry of judicial Administration was once again under the Judicial Yuan.
  10.23 The President of the Judicial Yuan concurrently acted as the Minister of Judicial Administration.
  12.22 Wang Ren-bin was appointed to be the Minister of Judicial Administration.
1935 1.1 The Nationalist Government formulated and promulgated the “Code of Criminal Procedure of the Republic of China”, which was implemented on July 1, 1935.
  1.1 The Nationalist Government amended the “Criminal Code of the Republic of China”, and it will be implemented on July 1, 1935.
  8.17 The Nationalist Government issued the “Measures for the Examination of the Qualifications of Judges and Other Judicial Officers.”
  8.23 The Ministry of judicial Administration issued the “Precautions for Handling Criminal Cases”.
1936 1.9 The Ministry of Judicial Administration promulgated the “Rules for Examining the Qualification of Prosecutors” and the “Rules for Judicial Official Audit Committee”.
  1.10 The Ministry of Judicial Administration ordered the presidents of the courts at all levels and the chief prosecutor to handle cases.
  8.5 The Nationalist Government announced the “Charter for Dispatching the Judicial Police.”
  10.13 The Ministry of judicial Administration issued the “Directions of Investigation of Judicial Police”.
1937 3.8 The Nationalist Government announced the “Provisional Wage Table for Judges and other judicial officers.”
1937 8.9 Hong Lu-dong, the deputy minister of the Ministry of Judicial Administration, was appointed as the acting minister.
1938 1.17 Tse Guan-sheng took office as the Minister of Judicial Administration.
1940 1.25 The Ministry of judicial Administration approved and announced the “Rules for Prosecutor Service in War Zones.”
1943 1.1 The Ministry of judicial Administration was shifted to be under the Executive Yuan again, and Tse Guansheng was still the minister.
1944 4.8 The Nationalist Government announced the “Punishment of Thiefs and Bandits Act.”
  7.1 The Ministry of judicial Administration revised the “Regulations on the Administration of the High Court and its Branches” and the “Regulations of the District Courts and Their Branches”.
  10.18 The Nationalist Government announced the “Regulations on the Transfer of Military Law Personnel to Judicial Officers.”
1945 4.10 The Nationalist Government announced the “Regulations of the Dispatching of Judicial Police.”

 

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