Online Meeting | Consultation on Oversight of Civil-Procedure Reform for the "Pyramid-Shaped Litigation System"

Background

To implement resolutions of the National Judicial Reform Conference and the National Conference on Judicial Reform, the Judicial Yuan proposed draft amendments to the Code of Civil Procedure, Code of Criminal Procedure, Administrative Litigation Act, and related supporting legislation to establish a "pyramid-shaped litigation system" (see the materials listed at the end of this page). The proposals are currently being countersigned with the Executive Yuan or considered by the Legislative Yuan.

Judicial Yuan Press Releases	Summary of Key Proposals (see Judicial Yuan press releases for details)	Legislative Status
Judicial Yuan Press Release, August 25, 2020	Introduce a system for professional commissioners Introduce a system for legal experts Allow courts and parties to establish a case-management plan Adopt a strict continuation-review model at the second instance	Pending party-caucus negotiations in the Legislative Yuan. Approved by the Legislative Yuan Judiciary and Organic Laws and Statutes Committee on October 18, 2021. First round of party-caucus negotiations held on November 17, 2021.
Judicial Yuan Press Release, December 3, 2021	Narrow the scope of review by the court of third instance Reform retrial procedures and prohibit repetitive retrial applications Strengthen the system of legal representation and specify the matters in which representation by counsel is mandatory	Pending committee review in the Legislative Yuan. Submitted to the Legislative Yuan for review on December 15, 2021. Passed first reading on March 1, 2022.

Because portions of the draft amendments to the Code of Civil Procedure have already reached the party-caucus negotiation stage and the Judicial Yuan has designated them as priority legislation for the next legislative session, this meeting will focus on explaining and discussing the proposed amendments to the Code of Civil Procedure. JRF has consistently supported the overall direction of reform toward a "pyramid-shaped litigation system," while maintaining that comprehensive supporting measures are essential and that reform should proceed steadily and incrementally so that the public does not bear the costs before receiving the benefits.Accordingly, to gather views from different sectors of society on the Judicial Yuan's proposed amendments concerning the "pyramid-shaped litigation system" and to assess appropriate oversight and response strategies, JRF invites attorneys to join the legislative-reform effort as partners. We sincerely invite you to participate in the "Consultation Meeting on Oversight of Civil-Procedure Reform for the Pyramid-Shaped Litigation System" and work together as another progressive force for judicial reform in Taiwan.

Online Registration Time Wednesday, March 16, 2022, 12:30-14:00

Location

Online Meeting:

Google Meet Meeting Link

Agenda

Time

Agenda Item 12:30-12:35

Opening Remarks (Attorney Huang Hsu-Tien)

12:35-13:00	Analysis of the Draft Amendments (Attorney Lu Cheng-Yen)
13:00-14:00	Consultation and Discussion (Participants)
Follow-Up Meetings	In addition to the consultation meeting above, JRF will hold the following meetings to study the proposed amendments. Attorneys are welcome to participate. If you are interested, please indicate this on the registration form linked above. Meeting information is as follows:
Thursday, March 17, 19:00 - Meeting on Proposed Amendments to the Code of Criminal Procedure	Friday, April 15, 19:00 - Meeting on Proposed Amendments to the Code of Civil Procedure

Tuesday, April 26, 19:00 - Meeting on Proposed Amendments to the Administrative Litigation Act

※ Written comments are also welcome by email (

• elvin@jrf.org.tw , Attn: Attorney Lu Cheng-Yen). The JRF Secretariat will present them on your behalf during the consultation meeting.
• Attachments Overview of the Judicial Yuan's Draft Amendments for the "Pyramid-Shaped Litigation System"
• Category Draft Amendment Information

Legislative StatusCivilJudicial Yuan Press Release, August 25, 2020: Introducing Expert Participation in Civil Litigation to Strengthen Fact-Finding at Trial - Press Release on the Judicial Yuan's 186th Council Meeting Approving Draft Amendments to Certain Provisions of the Code of Civil Procedure and Articles 4-2 and 12 of the Enforcement Act of the Code of Civil Procedure

Pending party-caucus negotiations in the Legislative Yuan.

Approved by the Legislative Yuan Judiciary and Organic Laws and Statutes Committee on October 18, 2021.

First round of party-caucus negotiations held on November 17, 2021.	Civil	Judicial Yuan Press Release, December 3, 2021: The Pyramid Nears Completion - Judicial Yuan Approves Draft Amendments to the Code of Civil Procedure to Build a New Third-Instance Review System
Pending committee review in the Legislative Yuan.	Submitted to the Legislative Yuan for review on December 15, 2021.	Passed first reading on March 1, 2022. Administrative Judicial Yuan Press Release, December 14, 2021: Building a Strong First Instance for the Administrative-Litigation Pyramid and Fulfilling the Judiciary's Role as a Keystone of the Rule of Law - Judicial Yuan Approves Draft Amendments to Five Acts, Including the Administrative Litigation Act
Pending committee review in the Legislative Yuan.	Submitted to the Legislative Yuan for review on December 20, 2021. Passed first reading on March 1, 2022. Criminal	Judicial Yuan Press Release, December 14, 2021: Strengthening First-Instance Preparatory Proceedings and Adopting a Continuation-Review Model at the Second Instance - Judicial Yuan Approves Draft Amendments to the Code of Criminal Procedure to Build a Strong Fact-Finding Trial System Pending Executive Yuan countersignature. Criminal
Judicial Yuan Press Release, December 3, 2021: Building a Pyramid-Shaped Criminal Litigation System - Judicial Yuan Approves Draft Amendments to Three Acts, Including the Code of Criminal Procedure	Pending Executive Yuan countersignature. Source: Judicial Yuan website. Click the press-release links above to download the full text of the draft amendments.