This course will explore the legal system of Taiwan, officially known as the Republic of China (ROC). The Ching Dynasty ceded Taiwan to Japan under the Treaty of Shimonoseki in 1895. The ROC was founded in 1912 after overthrowing the Ching Dynasty. Pursuant to the Cairo Declaration, the ROC took over Taiwan after WWII. In 1949, due to its defeat in the civil war to the Chinese Communist Party that established the People’s Republic of China (PRC), the ROC government relocated to Taipei. In 1971, the United Nations General Assembly passed Resolution 2758 that transferred the China seat from the ROC to the PRC, hence making Taiwan a unique case under international law.
Taiwan’s legal system is based on the ROC Constitution that was promulgated in 1947. The ROC transplanted the Chinese legal system to Taiwan, which was under Japanese influence. In the fields of constitutional law, civil law and commercial law, Germany and the United States have played a significant role in Taiwan’s legal development. As one of the five branches of the government, the Legislative Yuan (Parliament) is Taiwan’s unicameral legislature. The power to interpret the Constitution is vested in the Council of Grand Justices (Constitutional Court) of the Judicial Yuan. The Executive Yuan is the executive branch of the government and the Premier is appointed by the President, who is elected by universal suffrage every four years.
Today, Taiwan is one of the largest Asian economies. The nation has also been transformed into a dynamic democracy based on the two-party system since it lifted Martial Law. In this Law Study Mission (under the Overseas Project Experience (Law in Asia) model), students will examine certain areas of Taiwanese law and understand the legal aspects of Taiwan’s relations with the United States, China and Singapore. They will also gain hands-on experience by working with lawyers and legal counsels to solve real-world legal issues.
Some sessions will be taught online. There will be no field trip to Taiwan.
This SMU-XO course offers an international experiential learning opportunity that allows students to translate classroom knowledge and theory into practical solutions for various institutions. In addition to visiting law firms, government agencies and companies, student will also participate in a consultancy project. Through the project, students will learn how to solve business problems with guidance from the faculty and project sponsor mentors. The project will focus on evaluating legal problems in different areas of law and recommending/applying solutions to these problems.
This course aims to achieve the following objectives:
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Understand Taiwan and civil law jurisdictions
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Solve real-world legal issues through a student consultancy project
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Incorporate active mentoring by faculty and project sponsors