The Preliminary Research On The Chancellor's Interpretation In Taiwan

Taiwan is an indivisible part of China from remote past to now. In the ancient Chinese society, Taiwan's political system and law system was different from the mainland of China's. The central government set many kinds of organizations to rule and administrate the district in the past dynasties until the late Qing dynasty, especially after Sino-Japan War in 1895, when the Qing government signed the unequal treaty-Treaty of Shimonoseki. After that time, Taiwan was occupied and then colonized by Japan. During the ruling of Japan, the modern west constitution system, mostly the Meiji constitution and foreign regime characteristics, was introduced into Taiwan. Then Taiwan's constitution became "the centralized state power and minors' domination". From 1945 when Taiwan returned to the Mainland, to 1949 when the Kuomintang ran to Taiwan, the Kuomintang tried to rule Taiwan with the "Party Rule" Training Domination. However, the constitution in Taiwan kept the character of Meiji constitution system, which is the centralized state power and minors' domination.From 1949, Taiwan had been under "the Authoritarian Domination", leading to Taiwan isolated from the mainland. Due to such isolation, Taiwan had developed a quite different political, economic and legal system which is different from that of the mainland. The difference in legal system was more obvious. During the isolation, the of December 25th 1947 had been practiced in Taiwan after the establishment of PRC. The "Constitution" provides that: the Chancellor Conference of "Judicial Yuan" has the right of the constitutional review; the judge can independently make judgment by the "law"; people's freedom and right should also be secured by the Constitution. However, the Kuomintang still ruled Taiwan with the experience of the Allocution Politics. Not until the late 1980's, Taiwan's judicial system, especially the judicial review system, had tremendous improvement, as the growth of democratic politics and economy, especially the appearance of the opposition party. It was gradually stabilized that: the checks and balance of administrative and judicial organ; the authority of judicial review which is to protect people's basic rights; withdraw "the Authoritarian Domination". In 1990's, the System of Chancellor's Interpretation gradually removed the bondage, and enabled the real judicial relief for people's right.This article tries to give a systematical analysis and elaboration of the constitutional review~the System of Chancellor's Interpretation. And the author angels at birth and growth of the system, the object, procedure and basis of the review, so as to find the general theory of the Chancellor's Interpretation System in Taiwan, and to find its specialty by the comparison with the judicial review of America and Germany. At the same time, elaborating the standard of the American and German judicial review and analyzing the article 596, the author tries to find the specific standard for Taiwan's Chancellor's Interpretation System, and especially to find the specialty of the subject of the Chancellor's Interpretation System.The Mainland also has judicial review, administrated by the National Representatives Conference, which is different from Taiwan. After more than fifty years' development, Taiwan's Chancellor's Interpretation System has been mature and became the model for Asian region. Therefore the reform and tend of Mainland's judicial review could refer to Taiwan's Chancellor's Interpretation System.