The Study of the Establishment of Commercial Court in R.O.C（Taiwan）- Lessons from the Singapore International Commercial Court
Date Issued
2015
Date
2015
Author(s)
Lin, Fu-Ching
Abstract
On commercial cases, courts in Taiwan tend to rule unstably and lead through excessive trial levels. The unstableness and burdensome trial levels result in poorer rankings in the global business environment of the IMF report when compared with neighboring Asian countries. In fact, requests, both from legal and business field, of establishing a commercial court have never stopped. However, prior discussions of a commercial court system merely focused on the introductions of foreign legal systems. These foreign experiences may have their value, but the establishment of a commercial court is de facto a fairly extensive subject, and therefore, this thesis is intended to completely discuss this subject in a more systematic way. This thesis will first discuss the theory of judicial specialization, and move forward to the practical sphere. In the discussions of the theory of judicial specialization, this thesis ascertains major opinions on judicial professionalism, which agrees that specialization shows efficiency and stability. Nevertheless, this thesis wish to go further beyond these opinions by reasoning through a combination of Taiwanese litigation system and jurisprudence to demonstrate the necessity for the establishment of a commercial court; Moreover , since the Intellectual Property Court, as the first professional court in Taiwan, is a success, its importance in the subject of establishing a professional court cannot be underestimated. Hence, when discussing the practical sphere of a professional court, this thesis will mainly focus on the experience of establishing the Intellectual Property Court, but will also mention about the operating status of professional court system; From the perspective of legal comparison, since the legal systems of a professional court of other countries have been introduced by lots of Taiwanese scholars, this thesis will focus on the Singapore International Commercial Court, which has been just established in 2015. The establishment of Singapore International Commercial Court leaves an abundance of assessment reports and relevant laws/ regulations, all of which serve as valuable material when heading toward the path to establishing a commercial court and to internationalizing the legal system in Taiwan. The establishment of a commercial court is a complicated issue. This thesis not only provides a different idea, but also shows a route to discussing this issue. Last but not least, the idea of this thesis, if applied in discretion, may contribute a prosperous future for business and economic environment to Taiwan.
Subjects
Commercial court
Singapore International Commercial Court
Special judge
Special court
Taiwan Intellectual Property Court
Finance special court
Type
thesis
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