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Taiwan

Civil law

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Taiwan has a civil-law system, which comes from the codes of the Republic of China adopted on the mainland in the 1920s and 1930s, based on German, Swiss and Japanese models. A Constitutional Court sits in the Judicial Yuan, and a separate system of administrative courts handles disputes with the state. Its international status is disputed.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of the Republic of China, the highest law
  • Codes such as the Civil Code, the Criminal Code and the Codes of Procedure
  • Decisions of the Constitutional Court
  • The Judicial Yuan's interpretations, which have shaped many areas of law

The main courts

  • The Judicial Yuan, which administers the courts and houses the Constitutional Court
  • The Supreme Court, and the Supreme Administrative Court
  • High courts and district courts, and high administrative courts

Becoming a lawyer

A law degree and a passing mark in a national bar examination, then membership of a local bar association.

What may surprise you

  • The civil code is largely of German and Swiss origin, brought through Japan and the mainland.
  • Taiwan has a separate administrative court system, as in Germany.
  • The basic codes date from the 1930s and have been amended many times, not replaced.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Taiwan as: Civil law, Customary. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Taiwan, consult a lawyer qualified there. Report a mistake.