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|Other Titles:||The Japanese Elements in Taiwan’s Legal Culture: An Aspect of the Judiciary|
Ethnic Groups;Modern Law;Japanese Law;Court;Judge;Lawyer;Taiwanese Language;Summary Judgment;Police;Law for Civil Procedure
|Issue Date:||2016-05-16 17:12:51 (UTC+8)|
Japan introduced a modern-style legal system into Taiwan in the late nineteenth century, and its legacy has continued to influence post-war Taiwan. This is referred to as the “Japanese element” in Taiwan’s legal culture by the author. According to newspapers and archival sources from the period of Japanese rule, some Taiwanese, including practicing lawyers, employed the court system to protect their interests in lawsuits even in the early days of Japanese rule. Some specific terms relating to the court became a part of the daily language in Taiwan. Since the 1920s, the emergence of Taiwanese attorneys benefited Taiwanese in gaining access to the court. However, some Taiwanese were not accustomed to the idea of modern-style courts or did not find it affordable to use the courts during Japanese rule. In post-war Taiwan, the Japanese element has survived due to the fact that the ROC legal system and jurisdiction were similar to those in the pre-war Japanese empire, of which Taiwan was a part, and that many Taiwanese students went to Japan for study and later brought back Japanese laws and jurisdiction to Taiwan. Accordingly, the Japanese element continues to exist in Taiwan and has become a firm foundation by means of which Taiwanese and Japanese are able to freely exchange their legal experiences with each other.
|Relation:||法學評論, 95 ,55-90|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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