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THE ORIGIN AND TRANSFORMATION OF JUDICIAL YUAN: FROM THE COMPARATIVE AND HISTORICAL PERSPECTIVE

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The Judicial Yuan, a model of supreme judicial organization peculiar to China’s recent history, was one of the outcomes of several decades of evolution from the legal reform in the late Qing dynasty to the passage of Constitution of the Republic of China (ROC) in 1947. Its predecessor, the Dali Yuan established in 1906 by the Qing government, not only had the supreme judicial power and the power of abstract interpretation, but also enjoyed the power of interior administration independently from the outset. The Judicial Yuan, established in 1928, inherited the judicial administrative power of Dali Yuan and further expanded it. The Judicial Yuan also inherited Dali Yuan’s power to unify the interpretation of law and regulations, and expanded the power of abstract normal control (Normenkontrolle) to constitutional interpretation. The Council of the Grand Justices of the Judicial Yuan had developed the paradigm of constitutional court and shared similarities with the Federal Constitutional Court of Germany. It is safe to conclude that even before the promulgation of the Constitution of the ROC, the Judicial Yuan was fairly well-developed in institutional terms. The key characters of the ROC Judicial Yuan include the special arrangement of judicial administration, a centralized judicial review by the Council of the Grand Justices and a diverse judicial trial mode.

Affiliations: 1: Renmin University of China ; 2: Tsinghua University niexin@mail.tsinghua.edu.cn

10.3868/s050-006-017-0022-3
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/content/journals/10.3868/s050-006-017-0022-3
2017-10-02
2018-06-22

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