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Annotated Republic of China Case Law

IntroductionEdit

The Case Law of the Republic of China (ROC) is the set of judicial decisions of the Judicial Yuan and its administratively supervised courts. The ROC was based in Mainland China from 1912 to 1949. After Taiwan Retrocession on 25 October 1945, the ROC lost Mainland to the Communists in the Chinese Civil War in 1949 and retreated with its legislative laws, executive regulations, and judicial case law to Taiwan, with Taipei as the latest national capital.

This book annotates and reviews the ROC case law interpreting the laws and regulations. The judicial opinions are sometimes even more important in legal procedures.

Language disclaimerEdit

As the ROC officially speaks Mandarin Chinese only, English translations are for informal reference only. In case of formal legal needs, the original traditional Chinese versions shall always prevail. This book does not provide legal advice.

Copyright informationEdit

Article 9 of the Copyright Act in effect in Taiwan [1]:

"The following items shall not be the subject matter of copyright:

  1. The constitution, acts, regulations, or official documents.
  2. Translations or compilations by central or local government agencies of works

......

The term "official documents" in the first subparagraph of the preceding paragraph includes proclamations, text of speeches, news releases, and other documents prepared by civil servants in the course of carrying out their duties."

In the USA hosting Wikibooks, a case law is an edict of government and the United States Copyright Office consider it not copyrightable based on earlier judicial case laws.

CautionEdit

The English translations at the Justices of the constitutional Court and Judicial Yuan Interpretations search tend to be by governmental external contractors, so they are copyright-restricted in Taiwan, the USA, and most, if not all, other countries and areas. To make reading and maintenance simpler, sections for the date, issue, holding, and effect will be used in each page. This book may have wiki users' annotations, reviews and translations and under the CC-BY-SA 3.0 License and the GFDL.

Judicial Yuan InterpretationsEdit

1949Edit

1952Edit

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