https://en.wikipedia.org/w/api.php?action=feedcontributions&feedformat=atom&user=114.249.43.146Wikipedia - User contributions [en]2024-11-19T02:43:22ZUser contributionsMediaWiki 1.44.0-wmf.3https://en.wikipedia.org/w/index.php?title=User_talk:114.249.43.146&diff=886914754User talk:114.249.43.1462019-03-09T10:45:14Z<p>114.249.43.146: ←Blanked the page</p>
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<div></div>114.249.43.146https://en.wikipedia.org/w/index.php?title=J%C3%BCri_Ratas&diff=886910553Jüri Ratas2019-03-09T09:58:26Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox officeholder<br />
|name = Jüri Ratas<br />
|image = RK Jüri Ratas.jpg<br />
|caption = Ratas in 2015<br />
|office = [[List of heads of government of Estonia|17th]] [[Prime Minister of Estonia]]<br />
|president = [[Kersti Kaljulaid]]<br />
|term_start = 23 November 2016<br />
|term_end = <br />
|predecessor = [[Taavi Rõivas]]<br />
|successor = <br />
|office1 = Leader of the [[Estonian Centre Party|Centre Party]]<br />
|term_start1 = 5 November 2016<br />
|term_end1 = <br />
|predecessor1 = [[Edgar Savisaar]]<br />
|successor1 = <br />
|office2 = [[List of mayors of Tallinn|Mayor of Tallinn]]<br />
|term_start2 = 15 November 2005<br />
|term_end2 = 5 April 2007<br />
|predecessor2 = [[Tõnis Palts]]<br />
|successor2 = [[Edgar Savisaar]]<br />
|birth_date = {{birth date and age|1978|7|2|df=y}}<br />
|birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|death_date = <br />
|death_place = <br />
|party = [[Estonian Centre Party|Centre Party]]<br />
|spouse = Karin Ratas<br />
|children = 4<br />
|alma_mater = [[Tallinn University of Technology]]<br />
}}<br />
'''Jüri Ratas''' (born 2 July 1978) is an [[Estonia]]n politician who is the current leader of the [[Estonian Centre Party|Centre Party]] and the [[Prime Minister of Estonia]]. He acted as the vice-president of the [[Riigikogu]] from 2007 to 2016 and [[mayor|Mayor]] of Tallinn from 2005 to 2007. As a mayor of Tallinn he initiated the [[European Green Capital]] programme.<ref>http://ec.europa.eu/environment/europeangreencapital/about_submenus/background.html {{webarchive |url=https://web.archive.org/web/20100727131249/http://ec.europa.eu/environment/europeangreencapital/about_submenus/background.html |date=July 27, 2010 }}</ref><br />
<br />
In the 2015 [[Estonian parliamentary election, 2015|Estonian parliamentary election]], Ratas was re-elected to the parliament with 7,932 individual votes.<ref>{{cite web |url=http://rk2015.vvk.ee/detailed-4.html |title=Riigikogu valimised 2015: Detailne hääletamistulemus |publisher=Vabariigi Valimiskomisjon |accessdate= 30 March 2015 }}</ref> In March he was elected as the second deputy speaker of the Riigikogu.<ref>{{cite web |url=http://news.err.ee/v/politics/726a2702-593a-4cf9-af2a-0c0cd1597fb2 |publisher=ERR |title=Eiki Nestor re-elected as Parliament Speaker, Seeder and Ratas as deputies |date=30 March 2015 |accessdate=30 March 2015}}</ref><br />
<br />
On 5 November 2016, Ratas was elected to succeed [[Edgar Savisaar]] as the leader of the Centre Party.<ref>{{cite news |title=Jüri Ratas elected chairman of the Center Party |url=http://news.err.ee/v/7c7d883c-8fdc-49d6-a5b4-22fdc1375f58 |publisher=ERR |date=5 November 2016 |accessdate=22 November 2016}}</ref><br />
<br />
After [[Taavi Rõivas' second cabinet]] split in November 2016 due to internal struggle, coalition talks began between Centre Party, Social Democratic Party, and Pro Patria and Res Publica Union.<ref>{{cite news |title=Prime Minister loses no confidence vote, forced to resign |url=http://news.err.ee/v/news/b4f0b0a4-3586-41ee-aa40-6005b14809d2/prime-minister-loses-no-confidence-vote-forced-to-resign |publisher=ERR |date=9 November 2016 |accessdate=9 November 2016}}</ref> On 19 November, the three parties agreed on the conditions of the new [[Jüri Ratas' cabinet|coalition]] led by Ratas.<ref>{{cite news |title=Coalition agreement ready, ministries distributed |url=http://news.err.ee/v/news/b0e7efd7-a4e4-4d52-a639-e3df2929941d/coalition-agreement-ready-ministries-distributed |publisher=ERR |date=19 November 2016 |accessdate=19 November 2016}}</ref> Ratas was sworn in as the prime minister of Estonia on 23 November.<ref>{{cite news |title=49th cabinet of Estonia sworn in under Prime Minister Jüri Ratas |url=http://news.err.ee/v/news/225f7541-410d-4048-9891-5e0ff297f912/49th-cabinet-of-estonia-sworn-in-under-prime-minister-juri-ratas |publisher=ERR |date=23 November 2016 |accessdate=23 November 2016}}</ref><br />
<br />
==Personal life==<br />
Ratas was born in [[Tallinn]], Estonia.{{cn|date=March 2019}}<br />
<br />
Ratas is married and has a daughter and three sons. His father is [[Estonian Center Party]] politician [[Rein Ratas]].<ref>{{cite web|url=https://menu.err.ee/861121/peaminister-juri-ratase-perre-sundis-neljas-laps|title=Peaminister Jüri Ratase perre sündis neljas laps|first=|last=|date=13 September 2018|publisher=err.ee|accessdate=14 September 2018}}</ref><br />
<br />
Ratas regards himself to be a believer and has completed the [[Alpha course]] at [[St. Olaf's Church, Tallinn|St. Olaf's Church]].<ref>{{cite web |url=http://www.eestikirik.ee/oleviste-koguduse-vanempastor-siim-teekel-annab-juri-ratasele-ule-piibli |title=Oleviste koguduse vanempastor Siim Teekel annab Jüri Ratasele üle Piibli |publisher=Eesti Kirik |date=20 April 2007 |accessdate=23 November 2016}}</ref> Although in the press he has been described as a [[baptists|baptist]],<ref>{{cite web |url=http://publik.delfi.ee/news/inimesed/tallinna-linnapea-juri-ratas-on-baptist?id=11860401 |title=Tallinna linnapea Jüri Ratas on baptist |publisher=Delfi Publik |date=23 December 2005 |accessdate=20 November 2016}}</ref> he has denied this.<ref>{{cite web |url=http://etv.err.ee/v/elusaated/pealtnagija/pn_ekstra/44c3a6b2-0ead-4f2c-9dd1-e557b32f72ca |title=Vaata pikka intervjuud uue peaministriga |publisher=Eesti Televisioon |date=23 November 2016 |accessdate=23 November 2016}}</ref><br />
<br />
==See also==<br />
*[[Jüri Ratas' cabinet]]<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
*[https://web.archive.org/web/20061010104454/http://www.tallinn.ee/eng/g546s26956 Profile of Ratas at Tallinn.ee]<br />
*[http://www.riigikogu.ee/?op=ems&page=ikaart&pid=73301&pidel=1&dldel=1&prdel=1&ydel=1&umdel=0&lang=en Profile of Ratas at Parliament web]<br />
<br />
{{s-start}}<br />
{{s-off}}<br />
{{s-bef|before=[[Tõnis Palts]]}}<br />
{{s-ttl|title=[[List of mayors of Tallinn|Mayor of Tallinn]]|years=2005–2007}}<br />
{{s-aft|after=[[Edgar Savisaar]]}}<br />
|-<br />
{{s-bef|before=[[Taavi Rõivas]]}}<br />
{{s-ttl|title=[[Prime Minister of Estonia]]|years=2016–present}}<br />
{{s-inc}}<br />
|-<br />
{{s-ppo}}<br />
{{s-bef|before=[[Edgar Savisaar]]}}<br />
{{s-ttl|title=Leader of the [[Estonian Centre Party|Centre Party]]|years=2016–present}}<br />
{{s-inc}}<br />
{{s-end}}<br />
<br />
{{EstonianPMs}}<br />
{{European Council}}<br />
{{Current NATO leaders}}<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Ratas, Juri}}<br />
[[Category:1978 births]]<br />
[[Category:21st-century Estonian politicians]]<br />
[[Category:Estonian Centre Party politicians]]<br />
[[Category:Living people]]<br />
[[Category:Mayors of Tallinn]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Politicians from Tallinn]]<br />
[[Category:Prime Ministers of Estonia]]<br />
[[Category:Tallinn University of Technology alumni]]<br />
[[Category:Estonian Christians]]<br />
<br />
{{Estonia-mayor-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=%C3%89dith_Lejet&diff=886910210Édith Lejet2019-03-09T09:54:04Z<p>114.249.43.146: </p>
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<div>{{Use British English|date=August 2012}}<br />
{{Infobox musical artist<br />
|name = Edith LEJET<br />
|image = Edith Lejet.jpg<br />
|caption = <br />
|background = non_performing_personnel<br />
|birth_name = <br />
|birth_date = {{Birth date|1941|07|19|df=y}}<br />
|death_date = <br />
|birth_place = [[Paris]], [[German military administration in occupied France during World War II|German-occupied France]]<br />
|death_place =<br />
|instrument = <br />
|genre = [[contemporary Music]]<br />
|occupation = [[Composer]], [[Music educator]]<br />
|years_active = <br />
|label = <br />
|associated_acts =<br />
<br />
|website = http://www.edith-lejet.com/english/home.php<br />
}}<br />
<br />
'''Édith Lejet''' (born July 19, 1941 in [[Paris]]) is a [[French people|French]] [[composer]] and music educator.<br />
<br />
==Biography==<br />
Lejet studied with [[Marcel Beaufils]] (aesthetic), [[Henri Challan]] (harmony), [[Marcel Bitsch]] (counterpoint and fugue), [[Jean Rivier]] and [[Andre Jolivet]] (composition) at the [[Paris Conservatory]]. She lived at the Casa Velasquez in [[Madrid]] from 1968 to 1970. She began teaching harmony at the [[Sorbonne]] (1970–1972) and then became professor at the National Conservatory of Music and Dance in Paris. In 2004 she was appointed professor of composition at the Ecole Normale de Musique de Paris Alfred Cortot.<ref>{{cite book |title=Dictionnaire de la musique française|author=Vignal, Marc|publisher=Larousse}} ; ''Sax, Mule & Co'', [[Jean-Pierre Thiollet]], H & D, Paris, 2004, p. 143-144.</ref><br />
<br />
==Honors==<br />
<br />
*Prize Bleustein-Blanchet in 1967 of Vocation<br />
*Florence Gould Prize (Academy of Fine Arts, Paris)<br />
*William and Nomma Copley Foundation Award (Chicago)<br />
*Prize Herve Dugardin (SACEM, Paris)<br />
*Second Grand [[Prix de Rome]] in 1968<br />
*Music Awards Board of SACEM in 1979.<br />
*Honorary Professor at the National Conservatory of Music and Dance in Paris (Cité de la Musique)<br />
*Professor of composition at the Ecole Normale de Musique Alfred Cortot in Paris<br />
*Nadia and Lili Boulanger Prize (Academy of Fine Arts, Paris) in 2003<ref>{{cite book |url=https://books.google.com/books?id=IvoQQU1QL_QC&pg=PR30&dq=%C3%89dith+Lejet+Norton+grove&hl=en&ei=BJvbTJ7gCoH68Aa6moWTCQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCUQ6AEwAA#v=onepage&q&f=false|title=The Norton/Grove dictionary of women composers|format=Digitized online by GoogleBooks|first=Julie Anne|last=Sadie|first2=Rhian|last2=Samuel|year=1994|accessdate=4 October 2010}}</ref><br />
<br />
==Works==<br />
<br />
===Solo instrument===<br />
« Cinq pièces brèves », Five short pieces, for piano (1965), unpublished, 7’<br />
« Trois eaux-fortes », Three etchings, for piano (1990-1992), Amphion Publisher, 10’<br />
« Fleurs d’opale », Opal flowers, for piano (1997), Lemoine Publisher, 6’<br />
« Triptyque », Triptych, for organ (1979), Lemoine Publisher, 18’<br />
« Ave Maria », for organ (1988), J.M. Fuzeau Publisher, 3'21<br />
« Métamorphoses », for harp (1981), Transatlantiques Publisher, 4’<br />
« De lumière et de cieux embrasés », Light and glowing skies,for harp (2010), Lemoine Publisher, 5’<br />
« Deux soliloques », Two soliloquies, for horn (1991), Amphion Publisher, 6’<br />
« Volubilis », for cello (1981), Amphion Publisher, 7’<br />
« La houle à l’assaut des récifs », The swell in the assault of coral, for cello (2010), Lemoine Publisher, 6’<br />
« Palette », for percussion (1973), Heugel Publisher, 3’<br />
« Gémeaux », Gemini, for guitar, « Trois Figures du Zodiaque, n° 1 », Three figures of the zodiac n° 1, (1978), Amphion Publisher, 5’30<br />
« Contrastes et Couleurs », Contrasts and colors, for guitar (1983), Transatlantiques Publisher, 2’45<br />
« Lion », for guitar, « Trois Figures du Zodiaque, n°2 » (1991), Max Eschig Publisher, 3’30<br />
« Balance », for guitar, « Trois Figures du Zodiaque, n°3 » (1982), Transatlantiques Publisher, 6’<br />
« America », for guitar (1987), unpublished, 5’30<br />
« La voix des voiles », The voice of the sails, for guitar (1989), Max Eschig Publisher, 4’<br />
<br />
===Two instruments===<br />
<br />
« Musique pour trombone et piano » (1972), Billaudot Publisher, 5’<br />
<br />
« Quatre pièces en duo », four pieces in duet, for double bass and piano (1975), Alphonse Leduc Publisher, 5’ <br />
<br />
« Méandres », Windings, for saxhorn, tuba or bass trombone and piano (1976), Billaudot Publisher, 5’30<br />
<br />
« Saphir », Sapphire, for saxophone (baritone and alto) and piano (1982), unpublished, 10’<br />
<br />
« Emeraude et Rubis », Emerald and ruby, for two flutes (1982), Transatlantiques Publisher, 3’<br />
<br />
« Jade », for alto saxophone and percussion (1983), Salabert Publisher, 2’30<br />
<br />
« Trois petits préludes », Three short preludes, for alto saxophone and piano (1985), Lemoine Publisher, 10’<br />
<br />
« Tourbillons », Vortices, for clarinet and piano (1986), Billaudot Publisher, 4’30<br />
<br />
« Almost a song », for guitar and viola (1995), Eschig Publisher, 7’<br />
<br />
« Parcours en duo », for baritone saxophone and percussion (2001), unpublished, 8’30<br />
<br />
« Bruit de l’eau sur de l’eau », Sound of the water on water, for two violins (2009), Lemoine Publisher, 5’<br />
<br />
===Chamber music (small ensembles)===<br />
<br />
« Musique pour trompette et quintette de Cuivres », Music for trumpet and brass quintet (1968), Billaudot Publisher, 13’<br />
<br />
« Quatuor de saxophones », Saxophone quartet (1974), Billaudot Publisher, 13’<br />
<br />
« Aube marine », Dawn at sea, for saxophone quartet (1982), Lemoine Publisher, 7’<br />
<br />
« Echos dans la vallée », Echoes in the valley, for violin, clarinet and piano (1995), unpublished, 10’<br />
<br />
===Music for orchestra or instrumental ensembles===<br />
« Monodrame », for violin and orchestra (1969), Billaudot Publisher, 18’<br />
<br />
« Espaces nocturnes », Nocturnal spaces, for eight musicians (1976), Radio-France Publisher, 17’<br />
<br />
« Harmonie du soir », Evening harmony, for 12 string instruments (1975-1977), unpublished, 15’<br />
<br />
« Ressac », Surf, for symphonic orchestra (1985), Leduc Publisher, 10’<br />
<br />
« Cérémonie », Ceremony, for a saxophone ensemble (1986), Lemoine Publisher, 4’<br />
<br />
« Améthyste », Amethyst, for 12 string instruments (1990), unpublished, 9’30<br />
<br />
« Des fleurs en forme de diamants », Flowers shaped like diamonds, for guitar solo and 7 instruments (1997, revision in 2003), unpublished, 10’<br />
<br />
« Diptyque », Diptych, for organ and 12 string instruments (2002-2003), unpublished, 12’<br />
<br />
« Toute la nature sort de l’or », All the nature comes from gold, for 15 instruments (2009), unpublished, 7’<br />
<br />
===Music for voice and/or choir===<br />
<br />
« Quatre mélodies sur le Poème de Cante Jondo de Federico Garcia Lorca », Four songs on the poem of Cante Jondo by F.G. Lorca, for mezzo or soprano and piano (1965), unpublished, 7’30<br />
<br />
« Le journal d’Anne Frank », Anne Frank’s diary, for female choir and 8 instrumentalists (1968-1970), Billaudot Publisher, 27'<br />
<br />
« L’homme qui avait perdu sa voix », The man who had lost his voice, for 4 singers and 11 instrumentalists (1984), Radio-France Publisher, 35’<br />
<br />
« Les mille-pattes », The centipedes, for children choir and instruments (1989), Lemoine Publisher, 13’<br />
<br />
« Les rois-mages », the Magi, for 6 singers, mixed choir and 11 instrumentalists (1987-1989), Amphion Publisher, 60’<br />
<br />
« Sept chants sacrés », Seven sacred songs, for 12 female singers and organ (1990-2003), unpublished, 15’<br />
<br />
« Trois chants pour un Noël », Three songs for Christmas, for equal voices choir with an instrumental accompaniment (1995), unpublished, 7’30<br />
<br />
« Missa brevis », for mixed choir and organ (1996), unpublished, 12’<br />
<br />
« Psaume de joie », Psalm of joy, for mixed choir, percussion et double bass (1998), unpublished, 10’<br />
<br />
« L’herbier de Colette », Colette’s herbarium, for soprano and piano (2004-2006), unpublished, 20’<br />
<br />
« Le Noël du grillon », The Christmas song of the cricket, for twelve female singers and three instruments (2007), unpublished, 8'<br />
<br />
==References==<br />
{{reflist}}<br />
<br />
==External links==<br />
* [http://www.edith-lejet.com/index.php Official site of Édith Lejet]<br />
* {{ContemporaryMusicOnline|Édith Lejet}}<br />
<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Lejet, Edith}}<br />
[[Category:1941 births]]<br />
[[Category:Living people]]<br />
[[Category:Musicians from Paris]]<br />
[[Category:French classical composers]]<br />
[[Category:French music educators]]<br />
[[Category:Female classical composers]]<br />
[[Category:Conservatoire de Paris alumni]]<br />
[[Category:Academics of the École Normale de Musique de Paris]]<br />
[[Category:Academics of the Conservatoire de Paris]]<br />
[[Category:Prix de Rome for composition]]<br />
[[Category:Paris-Sorbonne University faculty]]<br />
[[Category:Women music educators]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Gloria_Paul&diff=886910075Gloria Paul2019-03-09T09:52:08Z<p>114.249.43.146: </p>
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<div>{{Infobox person<br />
| image = Gloria Paul in I due figli di Ringo (cropped).jpg<br />
| caption = Gloria Paul in ''[[Two Sons of Ringo]]'' (1967).<br />
| name = Gloria Paul<br />
| birth_date = {{Birth date and age|1940|2|28|df=yes}}<br />
| birth_place = [[London]], [[England]], [[United Kingdom]]<br />
| height = <br />
| death_date = <br />
| death_place =<br />
| occupation = Actress<br />
| yearsactive = 1961–1996<br />
| birthname = <br />
| homepage =<br />
| academyawards = <br />
}}<br />
'''Gloria Paul''' (born 28 February 1940) is a retired [[English people|English]] [[film actress]] and [[dancer]].<br />
<br />
==Biography==<br />
Gloria Paul was born in [[London]]. Her father was a journalist and her mother was an opera singer. She began dancing at the age of three years, and began her professional career after high school. While on tour in Rome with an Argentinian ballet company, she decided to quit the company and try her luck in the film industry.<br />
<br />
Paul quickly became an appreciated actress in comedies, having her first major role in ''[[Totò, Peppino e... la dolce vita]]''. In 1964 she appeared with [[Franco Franchi]] and [[Ciccio Ingrassia]] in the ''[[Goldfinger (film)|Goldfinger]]'' parody ''[[Two Mafiosi Against Goldfinger]]''. In 1966 she starred in the comedy western ''[[For a Few Dollars Less]]'' alongside [[Lando Buzzanca]]. Beyond these, she also acted in theater and worked as a dancer in musical revues with [[Renato Rascel]]. She was also one of the first "showgirls" on Italian television.<br />
<br />
==Career==<br />
Paul also made several appearances on English TV series such as ''[[The Benny Hill Show]]'' and ''[[The Intelligence Men]]'' with [[Morecambe and Wise]]. She was also considered for the role of [[Domino Derval]] in the [[1965 in film|1965]] [[James Bond]] film ''[[Thunderball (film)|Thunderball]]'', which eventually went to [[Claudine Auger]].<ref>[http://www.mi6.co.uk/sections/movies/tb_production.php3?t=tb&s=tb Production notes for Thunderball &mdash; MI6.co.uk] {{webarchive |url=https://web.archive.org/web/20071218000000/http://www.mi6.co.uk/sections/movies/tb_production.php3?t=tb&s=tb |date=December 18, 2007 }}</ref> <br />
<br />
In ''[[Darling Lili]]'' (1970), starring [[Julie Andrews]] and [[Rock Hudson]], Paul played the pivotal role of "Crepe Suzette", who was Andrews’s rival for Hudson’s affections. Her role featured a [[striptease]] scene that Andrews parodied in a later sequence. Paul's last appearance was in the 1996 anthology film ''Esercizi di stile''.<br />
<br />
In 1996, she was victim of a freak accident in which a water heater fell on her through the ceiling while she was taking a shower. The accident paralyzed her from the waist down and forced her retirement from acting.<br />
<br />
==References==<br />
{{reflist}}<br />
* [[:it:Gloria Paul#Biografia]]<br />
<br />
==External links==<br />
* http://www.gloriapaul.com/ Official website for Gloria Paul-www.gloriapaul.com<br />
* {{IMDb name|id=0666842|name=Gloria Paul}}<br />
* [http://www.womwam.net/ft/intl/40-44/G_Paul/index.htm WOmWAm Actress Page]<br />
*Gloria Paul interview http://www.thewildeye.co.uk/blog/?p=2082<br />
<br />
{{Authority control}}<br />
{{DEFAULTSORT:Paul, Gloria}}<br />
[[Category:English film actresses]]<br />
[[Category:English people of Italian descent]]<br />
[[Category:1940 births]]<br />
[[Category:Living people]]<br />
[[Category:Actresses from London]]<br />
[[Category:British people of Italian descent]]<br />
[[Category:Actresses of Italian descent]]<br />
[[Category:20th-century English actresses]]<br />
[[Category:English television actresses]]<br />
<br />
<br />
{{England-film-actor-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Luciana_Paluzzi&diff=886910013Luciana Paluzzi2019-03-09T09:51:24Z<p>114.249.43.146: </p>
<hr />
<div>{{short description|Italian actress}}<br />
{{Use dmy dates|date=November 2013}}<br />
{{Infobox person<br />
| image =Paluzzi La mala ordina 2.png<br />
| image_size =<br />
| caption =Paluzzi in ''[[La mala ordina]]'' (1972)<br />
| name = Luciana Paluzzi<br />
| birth_date = {{Birth date and age|1937|6|10|df=y}}<br />
| birth_place = [[Rome]], [[Kingdom of Italy]]<br />
| death_date =<br />
| death_place =<br />
| nationality = [[Italy|Italian]]<br>[[United States|American]]<br />
| occupation = Actress<br />
| yearsactive = 1953–1978<br />
| spouse = [[Brett Halsey]] (1960–1962; divorce) 1 child<br>[[Michael Jay Solomon]] (1980–present)<br />
| partner = [[Tony Anthony (actor)|Tony Anthony]] (1960s–1970s)<br />
| children = Christian Halsey Solomon (b. 1961)<ref>{{cite web|url=https://www.flickr.com/photos/truusbobjantoo/7336825710/|title=Luciana Paluzzi|work=Flickr|accessdate=23 September 2014}}</ref><br />
}}<br />
<br />
'''Luciana Paluzzi''' (born 10 June 1937 in [[Rome]], [[Kingdom of Italy]]) is an [[Italian American]] actress. She is best known for playing [[SPECTRE]] assassin [[Fiona Volpe]] in the fourth [[James Bond]] film, ''[[Thunderball (film)|Thunderball]]''.<br />
<br />
==Career==<br />
<br />
===Film===<br />
Paluzzi's very first role was an uncredited walk-on part in ''[[Three Coins in the Fountain (1954 film)|Three Coins in the Fountain]]'' (1954), which she got by chance through friend of her father, who was invited at her family's for dinner and happened to be looking for a young actress doing a very short two-line role for director [[Jean Negulesco]], thinking Paluzzi might be a fit. Negulesco had not been satisfied with the other actresses so far, but when Paluzzi, who did not plan to become an actress, recited the English line the next day - it was the only English she spoke at that time -, she got the role.<ref name=interv2016>{{cite AV media|people = Luciana Paluzzi and Martha Guptill| date = 2016| title = LUCIANA PALUZZI - Bond Girl Extraordinaire| medium = video stream| language = English| url = https://www.youtube.com/watch?v=okFs-kLqYg4&feature=youtu.be&t=74 | access-date = 5 March 2019 | time = 01:14 | location = 2016 Mid-Atlantic Nostalgia Convention in Hunt Valley, MD | publisher = Bill Guptill}}</ref><br />
<br />
Paluzzi went on to appear in many movies, most of which were made in her native Italy. In her early films, she is credited as Luciana Paoluzzi. She also played Rafaella, the wife of Brett Halsey's character, Ted Carter, in 1961's ''[[Return to Peyton Place (film)|Return to Peyton Place]]''<br />
<br />
Paluzzi is best known for playing SPECTRE villainess, Fiona Volpe, in ''[[Thunderball (film)|Thunderball]]'' (1965). She had auditioned for the part of the lead [[Bond girl]], [[Domino Vitali|Dominetta "Domino" Petacchi]], but producers instead cast [[Claudine Auger]], changing the characters name from an [[Italians|Italian]] to a [[Frenchwoman]], renaming her Dominique Derval. Initially crestfallen when informed she did not get the part, Paluzzi rejoiced when told her consolatory prize was the part of Volpe, which she said was "more fun" to play.<ref>{{YouTube|mF5NGDIY5eo}}</ref> Paluzzi later claimed being a [[Bond girl]] was a double-edged sword. In the documentary ''[[Bond Girls Are Forever]]'', Paluzzi expressed amazement at the level of fame, publicity, and recognition she received from ''Thunderball''; but as a result of being in such an outlandish film, she felt she was taken less seriously as an actress when returning to the Italian film industry.<br />
<br />
Paluzzi appeared in such films as ''[[Muscle Beach Party]]'' (1964) and ''[[Chuka (film)|Chuka]]'' (1967). She co-starred in the 1969 [[women in prison film]] ''[[99 Women]]''<ref>''Toledo Blade'', 6 June 1969</ref>; and as a [[Southern belle]] in the 1974 Hollywood drama ''[[The Klansman]]'' (with her voice dubbed by American actress [[Joanna Moore]]).<br />
<br />
===Television===<br />
In 1959–60, Paluzzi appeared with [[David Hedison]] in the short-lived espionage television series, ''[[Five Fingers (TV series)|Five Fingers]]''. In 1962 she played a murderous wife in an episode of ''[[Thriller (UK TV series)|Thriller]]'' titled "Flowers of Evil". In 1964 she played the villainess in an episode of ''[[The Man from U.N.C.L.E.]]'', as the seductive [[THRUSH]] agent Angela in the first-season episode "The Four Steps Affair" and in the movie version of the show's pilot episode, ''[[To Trap a Spy]]''.<ref>{{cite web|url=https://www.imdb.com/name/nm0658885/|title=IMDb profile of Luciana Paluzzi|work=IMDb|accessdate=23 September 2014}}</ref> In 1966 she played Baroness Carla Montaglia in Season 3, Episode 3 "Face of a Shadow" in ''[[Twelve_O'Clock_High_(TV_series)|Twelve O'Clock High]]'' <ref>https://www.imdb.com/title/tt0734428/fullcredits</ref>. In 1967 she played the seductive foreign agent Marla Valemska in "Matchless," the premier episode of ''[[Mr. Terrific (TV series)|Mr. Teriffic]]''. In 1971 Paluzzi appeared as a special guest star in "Powderkeg," the pilot movie for the CBS TV series, ''[[Bearcats!]]''. In 1978 she portrayed journalist Liana Labella in the ''[[Hawaii Five-O (1968 TV series)|Hawaii Five-O]]'' episode "My Friend, the Enemy".<br />
<br />
==Personal life==<br />
In 1960, Paluzzi married actor [[Brett Halsey]], who had just left his marriage with [[Renate Hoy]], an actress and [[Miss Germany]] of 1954. The two co-starred as a newlywed couple in the film, ''[[Return to Peyton Place (film)|Return to Peyton Place]]''. The couple had one son, Christian, and after the divorce in 1962 Halsey married [[Heidi Brühl]].<br />
<br />
During the 1960s and 1970s, Paluzzi had a long-term relationship with [[Tony Anthony (actor)|Tony Anthony]], with whom she appeared in the films ''Wounds of Hunger'' and ''[[Come Together (film)|Come Together]]''. Her work in Japan on ''[[The Green Slime]]'' inspired Anthony to write and produce the hybrid [[Spaghetti Western]]-[[jidaigeki]] film ''[[The Silent Stranger]]''.<ref name=zpr>{{cite web|url=http://zombie-popcorn.com/?p=6685 |title=The Tony Anthony Interview – Re-broadcast |author=Bayless, Jason |date=February 17, 2010 |publisher=Zombie Popcorn Radio | accessdate=September 18, 2012}}</ref><br />
<br />
In 1980, she married her current husband, American media mogul [[Michael Jay Solomon]], a former president of Warner Bros International Television. The two resided at an exclusive clifftop estate overlooking the Pacific Ocean in [[Jalisco]], [[Mexico]], known as "Casa Dos Estrellas".<ref>{{cite web|url=http://www.mi6-hq.com/news/index.php?itemid=3068&t=mi6&s=news|title=The Mexican villa of actress Luciana Paluzzi|publisher=mi6-hq.com|accessdate=27 March 2013}}</ref><ref>''[http://www.casadosestrellas.com/ Casa Dos Estrellas – Costa Careyes Luxury Mansion] {{webarchive|url=https://web.archive.org/web/20130823200816/http://www.casadosestrellas.com/ |date=23 August 2013 }} (per 3 November 2013)</ref> The couple sold that estate in about 2005 to live in New York and Rome, to be close to family.<br />
<br />
==Selected filmography==<br />
{{div col|colwidth=30em}}<br />
*''Sua altezza ha detto: no!'' (1953) – Nanú<br />
*''[[Three Coins in the Fountain (film)|Three Coins in the Fountain]]'' (1954) – Angela Bianchi (uncredited)<br />
*''[[My Seven Little Sins]]'' (1954) – Pat<br />
*''Il vetturale del Moncenisio'' (1954)<br />
*''[[Adriana Lecouvreur (film)|Adriana Lecouvreur]]'' (1955)<br />
*''Faccia da mascalzone'' (1956)<br />
*''[[The Lebanese Mission]]'' (1956) – Michèle Hennequin<br />
*''[[Plucking the Daisy|Mademoiselle Striptease]]'' (1956) – Sophia<br />
*''Guaglione'' (1956) – Marisa's Friend<br />
*''La donna che venne dal mare'' (1957)<br />
*''[[Hercules (1958 film)|Hercules]]'' (1958) – Luciana Paoluzzi<br />
*''[[No Time to Die]]'' (1958) – Carola<br />
*''Si le roi savait ça'' (1958)<br />
*''[[Sea Fury (film)|Sea Fury]]'' (1958) – Josita<br />
*''[[The Tiger of Eschnapur (1959 film)|The Tiger of Eschnapur]]'' (1959) – Bharani – Seetha's servant<br />
*''[[Carlton-Browne of the F.O.]]'' (1959) – Her Serene Highness Princess Ilyena<br />
*''[[My Wife's Enemy]]'' (1959) – Giulia<br />
*''[[Journey to the Lost City]]'' (1960) – Bahrani<br />
*''[[Return to Peyton Place (film)|Return to Peyton Place]]'' (1961) – Raffaella<br />
*''[[The Reluctant Saint]]'' (1962) – Carlotta (scenes deleted)<br />
*''[[Vice and Virtue]]'' (1963) – Héléna<br />
*''Wounds of Hunger'' (1963) – Estela<br />
*''[[To Trap a Spy]]'' (1964) – Angela (archive footage)<br />
*''[[Muscle Beach Party]]'' (1964) – Julie<br />
*''[[Questa volta parliamo di uomini]]'' (1965) – Manuela (segment "Un uomo d'onore")<br />
*''[[I Kill, You Kill]]'' (1965) – La mamma (segment "Giochi acerbi")<br />
*''[[Thunderball (film)|Thunderball]]'' (1965) – Fiona Volpe<br />
*''[[The Venetian Affair (film)|The Venetian Affair]]'' (1966) – Giulia Almeranti<br />
*''[[The One Eyed Soldiers]]'' (1966) – Gava Berens<br />
*''[[Chuka (film)|Chuka]]'' (1967) – Veronica Kleitz<br />
*''[[The Green Slime]]'' (1968) – Dr. Lisa Benson<br />
*''[[OSS 117 - Double Agent]]'' (1968) – Señora Veronica Kleitz<br />
*''[[A Black Veil for Lisa]]'' (1968) – Lisa<br />
*''La esclava del paraíso'' (1968) – Mizziana<br />
*''[[1001 Nights (1968 film)|1001 Nights]]'' (1968) – Natalie Mendoza<br />
*''[[99 Women]]'' (1969) – Natalie Mendoza<br />
*''[[Carnal Circuit]]'' (1969) – Mary Sullivan<br />
*''[[The Forgotten Pistolero]]'' (1969) – Anna Carrasco<br />
*''Playgirl 70'' (1969) – Luisa<br />
*''[[Captain Nemo and the Underwater City]]'' (1969) – Mala<br />
*''Il segreto dei soldati di argilla'' (1970)<br />
*''[[El Hombre que Vino del Odio|The Man Who Came from Hate]]'' (1971) – Theresa<br />
*''[[Come Together (film)|Come Together]]'' (1971) – Lisa<br />
*''{{ill|Il sergente Klems|it}}'' (1971) – Frida<br />
*''[[The Two Faces of Fear]]'' (1972) – Elena Carli<br />
*''Colpo grosso... grossissimo... anzi probabile'' (1972) – Jacqueline<br />
*''[[The Italian Connection]]'' (1972) – Eva Lalli<br />
*''[[Black Gunn]]'' (1972) – Toni<br />
*''[[Tragic Ceremony]]'' (1972) – Lady Alexander<br />
*''Medusa'' (1973) – Sarah<br />
*''[[The Great Kidnapping]]'' (1973) – Renata Boletti<br />
*''[[War Goddess]]'' (1973) – Phaedra<br />
*''Mean Mother'' (1974) – Therese<br />
*''[[The Klansman]]'' (1974) – Trixie<br />
*''[[La sbandata]]'' (1974) – Rosa – wife of Raffaele<br />
*''[[Manhunt in the City]]'' (1975) – Vera Vannucchi<br />
*''[[...a tutte le auto della polizia|Calling All Police Cars]]'' (1975) – Ispettrice Giovanna Nunziante<br />
*''[[L'Infermiera|The Sensuous Nurse]]'' (1975) – Jole Scarpa<br />
*''[[Nick the Sting]]'' (1976) – Anna<br />
*''[[Hawaii Five-O (1968 TV series)|Hawaii Five-O]]'' (1978) Episode:"My Friend, the Enemy" - Liana Labella<br />
*''[[The Greek Tycoon]]'' (1978) – Paola Scotti<br />
*''[[Deadly Chase (film)|Deadly Chase]]'' (1978) – Rosy (final film role)<br />
{{div col end}}<br />
<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
* {{IMDb name|id=0658885|name=Luciana Paluzzi}}<br />
* {{Tcmdb name}}<br />
* {{Amg name|54873}}<br />
<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Paluzzi, Luciana}}<br />
[[Category:1937 births]]<br />
[[Category:Actresses of Italian descent]]<br />
[[Category:American people of Italian descent]]<br />
[[Category:Living people]]<br />
[[Category:Italian film actresses]]<br />
[[Category:Italian television actresses]]<br />
[[Category:People of Lazian descent]]<br />
[[Category:Actresses from Rome]]<br />
[[Category:20th-century Italian actresses]]<br />
[[Category:Italian emigrants to the United States]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Claudine_Auger&diff=886909936Claudine Auger2019-03-09T09:50:26Z<p>114.249.43.146: </p>
<hr />
<div>{{short description|French actress}}<br />
{{Infobox person<br />
| name = Claudine Auger<br />
| image = <br />
| caption = <br />
| birth_name = Claudine Oger<br />
| birth_date = {{birth date and age|1941|04|26||df=yes}}<br />
| birth_place = [[Paris]], [[German military administration in occupied France during World War II|German-occupied France]]<br />
| children = 1<br />
| occupation = Actress<br />
| years_active = 1958–1997<br />
| spouse = Pierre Gaspard-Huit <br>(m. 1959; div. ????)<br>Peter Brent <br>(m. ????; his death 2008)<br />
}}<br />
<br />
'''Claudine Auger''' (born '''Claudine Oger'''; 26 April 1941) is a French actress best known for her role as [[Bond girl]], [[Domino Vitali|Dominique "Domino" Derval]], in the [[James Bond]] film ''[[Thunderball (film)|Thunderball]]'' (1965). She earned the title of [[Miss France Monde]] and was also the first runner-up in the [[Miss World 1958|1958 Miss World]] contest.<br />
<br />
==Early life==<br />
Auger was born in [[Paris]], France. She attended St. Joan of Arc College and later the [[Conservatoire de Paris]], where she performed dramatic roles. She made her film debut when she was still in school.<br />
<br />
==Career==<br />
[[Jean Cocteau]] cast Auger in an uncredited role as a tall ballerina in ''[[Testament of Orpheus]]'' (1960). When she was 18, she married the 43-year-old writer-director [[Pierre Gaspard-Huit]], and he cast her in several films, including ''[[Le Masque de fer]]'' (1962) and ''[[Kali Yug: Goddess of Vengeance]]'' (1963).<ref>Tom Lisanti and Louis Paul, ''Film Fatales: Women in Espionage Films and Television, 1962-1973''. McFarland and Company, Inc. Publishers (2002), p. 46</ref> In 1966 she co-starred in the [[World War II]] drama [[Triple Cross (1966 film)|Triple Cross]] with [[Yul Brynner]] and [[Christopher Plummer]]. <br />
<br />
When she was on holiday in [[Nassau, Bahamas|Nassau]], writer-producer [[Kevin McClory]] saw her and recommended that she audition for his film ''[[Thunderball (film)|Thunderball]]'' (1965). The role of Domino was originally to be an Italian woman, Dominetta Petacchi. Auger impressed the producers so much that they rewrote the part to that of a French woman, to better suit Auger. Although she took lessons to perfect her English, her voice was eventually dubbed by [[Nikki van der Zyl]].<ref>{{cite news| url=http://www.dailymail.co.uk/femail/article-2206882/Bonds-secret-girl-Unknown-artist-dubbed-voices-007s-best-known-beauties--know-shes-banned-movies-spys-50th-birthday-party.html | location=London | work=Daily Mail | title=The secret Bond girl: Unknown artist dubbed the voices of 007's best-known beauties - but now she's banned from the movies spy's 50th birthday party!}}</ref> Auger would claim that she related to her character Domino, as she and Domino were involved with older men. The most immediate byproduct of Claudine's stardom was a semi-nude ''[[Playboy]]'' spread.<br />
<br />
''Thunderball'' launched Auger into a successful European movie career, but did little for her otherwise in the [[United States]].<ref name= "no boost">{{cite news| title = Bond Was No Boost For Auger | url= http://articles.latimes.com/1986-11-29/entertainment/ca-16048_1_claudine-auger| first= Roderick | last= Mann | date= 29 November 1986 | accessdate= 21 July 2012 | work=Los Angeles Times}}</ref> She did however star in a [[Danny Thomas]] Special called ‘The Road to Lebanon’ with [[Bing Crosby]] which was shown on NBC on 20 April 1966.<ref>{{cite web|last1=Pairpoint|first1=Lionel|title=The Chronological Bing Crosby on Television|url=http://www.bingmagazine.co.uk/bingmagazine/BingTV.htm|website=BING magazine|accessdate=February 22, 2016}}</ref><br />
<br />
In 1968, she co-starred with another [[Bond girl]], [[Ursula Andress]], in the Italian comedy ''[[Anyone Can Play]]''. In 1971, she starred with two future [[Bond girl]]s, [[Barbara Bach]] and [[Barbara Bouchet]], in ''[[Black Belly of the Tarantula]]'', a [[giallo]] mystery. She had some roles in European films such as ''[[Triple Cross (1966 film)|Triple Cross]]'' (1966) (reuniting her with her James Bond director [[Terence Young (director)|Terence Young]]), and ''[[The Killing Game (1967 film)|The Killing Game]]'' (1967).<ref>{{cite news |url=https://movies.nytimes.com/person/2828/Claudine-Auger/biography |title=Claudine Auger |first=Hal |last=Erickson |publisher=NYTimes.com | work=All Movie Guide }}</ref><br />
<br />
In 1994, Auger appeared in the British television series ''[[Sherlock Holmes (1984 TV series)|The Memoirs of Sherlock Holmes]]'', in "The Three Gables" as Isadora Klein, in one of the last episodes of that series starring [[Jeremy Brett]].<br />
<br />
==Personal life==<br />
In 1959, at age 18 she married writer-director [[Pierre Gaspard-Huit]]. They would later divorce.<br />
<br />
She married British businessman Peter Brent<ref>{{cite news |url=http://www.nydailynews.com/kiss-death-article-1.694430 |title=Kiss of Death |first= Michael|last= Riedel |work=New York Daily News |date=November 12, 1995}}</ref> in the 1980s.<ref name= "no boost" /> The couple had one child, Jessica Claudine Brent (b. 1991). Peter Brent died in August 2008.<br />
<br />
==Selected filmography==<br />
{| class="wikitable"<br />
! style="background: #CCCCCC;" | Year<br />
! style="background: #CCCCCC;" | Title<br />
! style="background: #CCCCCC;" | Role<br />
! style="background: #CCCCCC;" | Director<br />
|-<br />
|[[1958 in cinema|1958]]<br />
|''[[Christine (1958 film)|Christine]] ''<br />
|uncredited <br />
|[[Pierre Gaspard-Huit]] <br />
|-<br />
|rowspan=2|[[1960 in cinema|1960]]<br />
|''[[Testament of Orpheus]]''<br />
|[[Minerva]] <br />
|[[Jean Cocteau]]<br />
|-<br />
|''[[:fr:Terrain vague (film)|Terrain vague]]''<br />
|the salesgirl <br />
|[[Marcel Carné]]<br />
|-<br />
|rowspan=2|[[1961 in cinema|1961]]<br />
|''[[:fr:Les Moutons de Panurge|Les Moutons de Panurge]]''<br />
|uncredited <br />
|[[Jean Girault]]<br />
|-<br />
|''[[The Seven Deadly Sins (1962 film)|The Seven Deadly Sins]]'' (episode ''L'Envie'')<br />
|the new waitress <br />
|[[Edouard Molinaro]]<br />
|-<br />
|[[1962 in cinema|1962]]<br />
|''[[Le Masque de fer]]''<br />
|Isabelle de Saint-Marc <br />
|[[Henri Decoin]]<br />
|-<br />
|[[1963 in cinema|1963]]<br />
|''[[In the French Style]]''<br />
|Clio Andropolous <br />
|[[Robert Parrish]]<br />
|-<br />
|[[1964 in cinema|1964]]<br />
|''{{Interlanguage link multi|Die Lady|de}}''<br />
|Elektra Tzanou<br />
|Hans Albin, Peter Berneis<br />
|-<br />
|rowspan=2|[[1965 in cinema|1965]]<br />
|''[[Yo Yo]]''<br />
|Isolina<br />
|[[Pierre Étaix]] <br />
|-<br />
|''[[Thunderball (film)|Thunderball]]''<br />
|Dominique Derval ("Domino")<br />
|[[Terence Young (director)|Terence Young]] <br />
|-<br />
|rowspan=4|[[1966 in cinema|1966]]<br />
|''[[That Man George]]''<br />
|Lila<br />
|[[Jacques Deray]]<br />
|-<br />
|''[[Treasure of San Gennaro]]''<br />
|Concettina<br />
|[[Dino Risi]]<br />
|-<br />
|''[[Triple Cross (1966 film)|Triple Cross]]''<br />
|Paulette<br />
|Terence Young<br />
|-<br />
|''[[The Devil in Love (film)|The Devil in Love]]''<br />
|[[Maddalena de' Medici (1473–1528)|Maddalena de' Medici]]<br />
|[[Ettore Scola]] <br />
|-<br />
|rowspan=2|[[1967 in cinema|1967]]<br />
|''[[The Killing Game (1967 film)|Jeu de massacre]]''<br />
|Jacqueline Meyrand <br />
|[[Alain Jessua]]<br />
|-<br />
|''[[The Head of the Family (1967 film)|The Head of the Family]]''<br />
|Adriana<br />
|[[Nanni Loy]] <br />
|-<br />
|rowspan=4|[[1968 in cinema|1968]]<br />
|''[[Escalation (1968 Italian film)|Escalation]]''<br />
|Carla Maria Manini<br />
|[[Roberto Faenza]] <br />
|-<br />
|''{{Interlanguage link multi|Flammes sur l'Adriatique|fr}}''<ref>{{Cite news|url=https://www.imdb.com/title/tt0142297/<br />
|title=Flammes sur l'Adriatique|accessdate=2012-11-09}}</ref><br />
|Mirjana <br />
|[[Alexandre Astruc]] and Stjepan Cikes<br />
|-<br />
|''[[Listen, Let's Make Love]]''<br />
|Ida Bernasconi<br />
|[[Vittorio Caprioli]] <br />
|-<br />
|''[[The Cats (1968 film)|The Cats]]''<br />
|Barbara<br />
|[[Duccio Tessari]] <br />
|-<br />
|[[1969 in cinema|1969]]<br />
|''{{Interlanguage link multi|Liebesvögel|de|3=Liebesvögel|lt=Love Birds}}''<br />
|Marina<br />
|[[Mario Caiano]]<br />
|-<br />
|rowspan=2|[[1971 in cinema|1971]]<br />
|''[[Un peu de soleil dans l'eau froide]]''<br />
|Nathalie Silvener<br />
|[[Jacques Deray]]<br />
|-<br />
|''[[Twitch of the Death Nerve]]''<br />
|Renata Donati<br />
|[[Mario Bava]] <br />
|-<br />
|[[1972 in cinema|1972]]<br />
|''[[Ricatto alla mala]]''<br />
|..<br />
|[[Antonio Isasi-Isasmendi]]<br />
|-<br />
|rowspan=2|[[1975 in cinema|1975]]<br />
|''[[Flic Story]]''<br />
|Catherine<br />
|Jacques Deray<br />
|-<br />
|''[[:fr:L'Intrépide (film, 1975)|L'Intrépide]]''<br />
|Sophie<br />
|[[Jean Girault]] <br />
|-<br />
|[[1977 in cinema|1977]]<br />
|''[[Pane, burro e marmellata]]''<br />
|Betty<br />
|[[Giorgio Capitani]]<br />
|-<br />
|rowspan=2|[[1978 in cinema|1978]]<br />
|''[[Butterfly on the Shoulder]]''<br />
|The coat's Woman<br />
|[[Jacques Deray]]<br />
|-<br />
|''[[The Bermuda Triangle (film)|The Bermuda Triangle]]''<br />
|Sybill<br />
|[[René Cardona Jr.]] <br />
|-<br />
|rowspan=3|[[1979 in cinema|1979]]<br />
|''[[Lobster for Breakfast]]''<br />
|Carla Spinosi<br />
|[[Giorgio Capitani]] <br />
|-<br />
|''[[Lovers and Liars]]''<br />
|Elisa Massacesi<br />
|[[Mario Monicelli]] <br />
|-<br />
|''[[Fantastica (1980 film)|Fantastica]]''<br />
|Johanna MacPherson <br />
|[[Gilles Carle]]<br />
|-<br />
|[[1981 in cinema|1981]]<br />
|''Black Jack'' (aka ''Asalto al casino'')<br />
|Jill Stradford<br />
|Max H. Boulois<br />
|-<br />
|[[1984 in cinema|1984]]<br />
|''[[Secret Places]]<br />
|Sophie Meister<br />
|Zelda Barron<br />
|-<br />
|[[1986 in cinema|1986]]<br />
|''[[Exploits of a Young Don Juan]]''<br />
|the mother<br />
|Gianfranco Mingozzi<br />
|-<br />
|[[1988 in cinema|1988]]<br />
|''[[Il frullo del passero]]''<br />
|Dino's widow<br />
|Gianfranco Mingozzi<br />
|-<br />
|[[1992 in cinema|1992]]<br />
|''[[Salt on Our Skin]]''<br />
|Mrs. McEwan<br />
| [[Andrew Birkin]]<br />
|-<br />
|[[1995 in cinema|1995]]<br />
|''Los hombres siempre mienten''<br />
|Isabelle<br />
|[[Antonio del Real]]<br />
|}<br />
<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
* {{IMDb name|0000805}}<br />
* {{AllMovie name|2828}}<br />
* {{Tcmdb name}}<br />
<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Auger, Claudine}}<br />
[[Category:1941 births]]<br />
[[Category:Living people]]<br />
[[Category:Actresses from Paris]]<br />
[[Category:French female models]]<br />
[[Category:Miss World 1958 delegates]]<br />
[[Category:French film actresses]]<br />
[[Category:Miss World contestants]]<br />
[[Category:20th-century French actresses]]<br />
[[Category:French beauty pageant winners]]<br />
[[Category:Alumni of the French National Academy of Dramatic Arts]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Claudine_Auger&diff=886909860Claudine Auger2019-03-09T09:49:30Z<p>114.249.43.146: </p>
<hr />
<div>{{short description|French actress}}<br />
{{Infobox person<br />
| name = Claudine Auger<br />
| image = <br />
| caption = <br />
| birth_name = Claudine Oger<br />
| birth_date = {{birth date and age|1941|04|26||df=yes}}<br />
| birth_place = [[Paris]], [[French Third Republic]]<br />
| children = 1<br />
| occupation = Actress<br />
| years_active = 1958–1997<br />
| spouse = Pierre Gaspard-Huit <br>(m. 1959; div. ????)<br>Peter Brent <br>(m. ????; his death 2008)<br />
}}<br />
<br />
'''Claudine Auger''' (born '''Claudine Oger'''; 26 April 1941) is a French actress best known for her role as [[Bond girl]], [[Domino Vitali|Dominique "Domino" Derval]], in the [[James Bond]] film ''[[Thunderball (film)|Thunderball]]'' (1965). She earned the title of [[Miss France Monde]] and was also the first runner-up in the [[Miss World 1958|1958 Miss World]] contest.<br />
<br />
==Early life==<br />
Auger was born in [[Paris]], France. She attended St. Joan of Arc College and later the [[Conservatoire de Paris]], where she performed dramatic roles. She made her film debut when she was still in school.<br />
<br />
==Career==<br />
[[Jean Cocteau]] cast Auger in an uncredited role as a tall ballerina in ''[[Testament of Orpheus]]'' (1960). When she was 18, she married the 43-year-old writer-director [[Pierre Gaspard-Huit]], and he cast her in several films, including ''[[Le Masque de fer]]'' (1962) and ''[[Kali Yug: Goddess of Vengeance]]'' (1963).<ref>Tom Lisanti and Louis Paul, ''Film Fatales: Women in Espionage Films and Television, 1962-1973''. McFarland and Company, Inc. Publishers (2002), p. 46</ref> In 1966 she co-starred in the [[World War II]] drama [[Triple Cross (1966 film)|Triple Cross]] with [[Yul Brynner]] and [[Christopher Plummer]]. <br />
<br />
When she was on holiday in [[Nassau, Bahamas|Nassau]], writer-producer [[Kevin McClory]] saw her and recommended that she audition for his film ''[[Thunderball (film)|Thunderball]]'' (1965). The role of Domino was originally to be an Italian woman, Dominetta Petacchi. Auger impressed the producers so much that they rewrote the part to that of a French woman, to better suit Auger. Although she took lessons to perfect her English, her voice was eventually dubbed by [[Nikki van der Zyl]].<ref>{{cite news| url=http://www.dailymail.co.uk/femail/article-2206882/Bonds-secret-girl-Unknown-artist-dubbed-voices-007s-best-known-beauties--know-shes-banned-movies-spys-50th-birthday-party.html | location=London | work=Daily Mail | title=The secret Bond girl: Unknown artist dubbed the voices of 007's best-known beauties - but now she's banned from the movies spy's 50th birthday party!}}</ref> Auger would claim that she related to her character Domino, as she and Domino were involved with older men. The most immediate byproduct of Claudine's stardom was a semi-nude ''[[Playboy]]'' spread.<br />
<br />
''Thunderball'' launched Auger into a successful European movie career, but did little for her otherwise in the [[United States]].<ref name= "no boost">{{cite news| title = Bond Was No Boost For Auger | url= http://articles.latimes.com/1986-11-29/entertainment/ca-16048_1_claudine-auger| first= Roderick | last= Mann | date= 29 November 1986 | accessdate= 21 July 2012 | work=Los Angeles Times}}</ref> She did however star in a [[Danny Thomas]] Special called ‘The Road to Lebanon’ with [[Bing Crosby]] which was shown on NBC on 20 April 1966.<ref>{{cite web|last1=Pairpoint|first1=Lionel|title=The Chronological Bing Crosby on Television|url=http://www.bingmagazine.co.uk/bingmagazine/BingTV.htm|website=BING magazine|accessdate=February 22, 2016}}</ref><br />
<br />
In 1968, she co-starred with another [[Bond girl]], [[Ursula Andress]], in the Italian comedy ''[[Anyone Can Play]]''. In 1971, she starred with two future [[Bond girl]]s, [[Barbara Bach]] and [[Barbara Bouchet]], in ''[[Black Belly of the Tarantula]]'', a [[giallo]] mystery. She had some roles in European films such as ''[[Triple Cross (1966 film)|Triple Cross]]'' (1966) (reuniting her with her James Bond director [[Terence Young (director)|Terence Young]]), and ''[[The Killing Game (1967 film)|The Killing Game]]'' (1967).<ref>{{cite news |url=https://movies.nytimes.com/person/2828/Claudine-Auger/biography |title=Claudine Auger |first=Hal |last=Erickson |publisher=NYTimes.com | work=All Movie Guide }}</ref><br />
<br />
In 1994, Auger appeared in the British television series ''[[Sherlock Holmes (1984 TV series)|The Memoirs of Sherlock Holmes]]'', in "The Three Gables" as Isadora Klein, in one of the last episodes of that series starring [[Jeremy Brett]].<br />
<br />
==Personal life==<br />
In 1959, at age 18 she married writer-director [[Pierre Gaspard-Huit]]. They would later divorce.<br />
<br />
She married British businessman Peter Brent<ref>{{cite news |url=http://www.nydailynews.com/kiss-death-article-1.694430 |title=Kiss of Death |first= Michael|last= Riedel |work=New York Daily News |date=November 12, 1995}}</ref> in the 1980s.<ref name= "no boost" /> The couple had one child, Jessica Claudine Brent (b. 1991). Peter Brent died in August 2008.<br />
<br />
==Selected filmography==<br />
{| class="wikitable"<br />
! style="background: #CCCCCC;" | Year<br />
! style="background: #CCCCCC;" | Title<br />
! style="background: #CCCCCC;" | Role<br />
! style="background: #CCCCCC;" | Director<br />
|-<br />
|[[1958 in cinema|1958]]<br />
|''[[Christine (1958 film)|Christine]] ''<br />
|uncredited <br />
|[[Pierre Gaspard-Huit]] <br />
|-<br />
|rowspan=2|[[1960 in cinema|1960]]<br />
|''[[Testament of Orpheus]]''<br />
|[[Minerva]] <br />
|[[Jean Cocteau]]<br />
|-<br />
|''[[:fr:Terrain vague (film)|Terrain vague]]''<br />
|the salesgirl <br />
|[[Marcel Carné]]<br />
|-<br />
|rowspan=2|[[1961 in cinema|1961]]<br />
|''[[:fr:Les Moutons de Panurge|Les Moutons de Panurge]]''<br />
|uncredited <br />
|[[Jean Girault]]<br />
|-<br />
|''[[The Seven Deadly Sins (1962 film)|The Seven Deadly Sins]]'' (episode ''L'Envie'')<br />
|the new waitress <br />
|[[Edouard Molinaro]]<br />
|-<br />
|[[1962 in cinema|1962]]<br />
|''[[Le Masque de fer]]''<br />
|Isabelle de Saint-Marc <br />
|[[Henri Decoin]]<br />
|-<br />
|[[1963 in cinema|1963]]<br />
|''[[In the French Style]]''<br />
|Clio Andropolous <br />
|[[Robert Parrish]]<br />
|-<br />
|[[1964 in cinema|1964]]<br />
|''{{Interlanguage link multi|Die Lady|de}}''<br />
|Elektra Tzanou<br />
|Hans Albin, Peter Berneis<br />
|-<br />
|rowspan=2|[[1965 in cinema|1965]]<br />
|''[[Yo Yo]]''<br />
|Isolina<br />
|[[Pierre Étaix]] <br />
|-<br />
|''[[Thunderball (film)|Thunderball]]''<br />
|Dominique Derval ("Domino")<br />
|[[Terence Young (director)|Terence Young]] <br />
|-<br />
|rowspan=4|[[1966 in cinema|1966]]<br />
|''[[That Man George]]''<br />
|Lila<br />
|[[Jacques Deray]]<br />
|-<br />
|''[[Treasure of San Gennaro]]''<br />
|Concettina<br />
|[[Dino Risi]]<br />
|-<br />
|''[[Triple Cross (1966 film)|Triple Cross]]''<br />
|Paulette<br />
|Terence Young<br />
|-<br />
|''[[The Devil in Love (film)|The Devil in Love]]''<br />
|[[Maddalena de' Medici (1473–1528)|Maddalena de' Medici]]<br />
|[[Ettore Scola]] <br />
|-<br />
|rowspan=2|[[1967 in cinema|1967]]<br />
|''[[The Killing Game (1967 film)|Jeu de massacre]]''<br />
|Jacqueline Meyrand <br />
|[[Alain Jessua]]<br />
|-<br />
|''[[The Head of the Family (1967 film)|The Head of the Family]]''<br />
|Adriana<br />
|[[Nanni Loy]] <br />
|-<br />
|rowspan=4|[[1968 in cinema|1968]]<br />
|''[[Escalation (1968 Italian film)|Escalation]]''<br />
|Carla Maria Manini<br />
|[[Roberto Faenza]] <br />
|-<br />
|''{{Interlanguage link multi|Flammes sur l'Adriatique|fr}}''<ref>{{Cite news|url=https://www.imdb.com/title/tt0142297/<br />
|title=Flammes sur l'Adriatique|accessdate=2012-11-09}}</ref><br />
|Mirjana <br />
|[[Alexandre Astruc]] and Stjepan Cikes<br />
|-<br />
|''[[Listen, Let's Make Love]]''<br />
|Ida Bernasconi<br />
|[[Vittorio Caprioli]] <br />
|-<br />
|''[[The Cats (1968 film)|The Cats]]''<br />
|Barbara<br />
|[[Duccio Tessari]] <br />
|-<br />
|[[1969 in cinema|1969]]<br />
|''{{Interlanguage link multi|Liebesvögel|de|3=Liebesvögel|lt=Love Birds}}''<br />
|Marina<br />
|[[Mario Caiano]]<br />
|-<br />
|rowspan=2|[[1971 in cinema|1971]]<br />
|''[[Un peu de soleil dans l'eau froide]]''<br />
|Nathalie Silvener<br />
|[[Jacques Deray]]<br />
|-<br />
|''[[Twitch of the Death Nerve]]''<br />
|Renata Donati<br />
|[[Mario Bava]] <br />
|-<br />
|[[1972 in cinema|1972]]<br />
|''[[Ricatto alla mala]]''<br />
|..<br />
|[[Antonio Isasi-Isasmendi]]<br />
|-<br />
|rowspan=2|[[1975 in cinema|1975]]<br />
|''[[Flic Story]]''<br />
|Catherine<br />
|Jacques Deray<br />
|-<br />
|''[[:fr:L'Intrépide (film, 1975)|L'Intrépide]]''<br />
|Sophie<br />
|[[Jean Girault]] <br />
|-<br />
|[[1977 in cinema|1977]]<br />
|''[[Pane, burro e marmellata]]''<br />
|Betty<br />
|[[Giorgio Capitani]]<br />
|-<br />
|rowspan=2|[[1978 in cinema|1978]]<br />
|''[[Butterfly on the Shoulder]]''<br />
|The coat's Woman<br />
|[[Jacques Deray]]<br />
|-<br />
|''[[The Bermuda Triangle (film)|The Bermuda Triangle]]''<br />
|Sybill<br />
|[[René Cardona Jr.]] <br />
|-<br />
|rowspan=3|[[1979 in cinema|1979]]<br />
|''[[Lobster for Breakfast]]''<br />
|Carla Spinosi<br />
|[[Giorgio Capitani]] <br />
|-<br />
|''[[Lovers and Liars]]''<br />
|Elisa Massacesi<br />
|[[Mario Monicelli]] <br />
|-<br />
|''[[Fantastica (1980 film)|Fantastica]]''<br />
|Johanna MacPherson <br />
|[[Gilles Carle]]<br />
|-<br />
|[[1981 in cinema|1981]]<br />
|''Black Jack'' (aka ''Asalto al casino'')<br />
|Jill Stradford<br />
|Max H. Boulois<br />
|-<br />
|[[1984 in cinema|1984]]<br />
|''[[Secret Places]]<br />
|Sophie Meister<br />
|Zelda Barron<br />
|-<br />
|[[1986 in cinema|1986]]<br />
|''[[Exploits of a Young Don Juan]]''<br />
|the mother<br />
|Gianfranco Mingozzi<br />
|-<br />
|[[1988 in cinema|1988]]<br />
|''[[Il frullo del passero]]''<br />
|Dino's widow<br />
|Gianfranco Mingozzi<br />
|-<br />
|[[1992 in cinema|1992]]<br />
|''[[Salt on Our Skin]]''<br />
|Mrs. McEwan<br />
| [[Andrew Birkin]]<br />
|-<br />
|[[1995 in cinema|1995]]<br />
|''Los hombres siempre mienten''<br />
|Isabelle<br />
|[[Antonio del Real]]<br />
|}<br />
<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
* {{IMDb name|0000805}}<br />
* {{AllMovie name|2828}}<br />
* {{Tcmdb name}}<br />
<br />
{{Authority control}}<br />
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{{DEFAULTSORT:Auger, Claudine}}<br />
[[Category:1941 births]]<br />
[[Category:Living people]]<br />
[[Category:Actresses from Paris]]<br />
[[Category:French female models]]<br />
[[Category:Miss World 1958 delegates]]<br />
[[Category:French film actresses]]<br />
[[Category:Miss World contestants]]<br />
[[Category:20th-century French actresses]]<br />
[[Category:French beauty pageant winners]]<br />
[[Category:Alumni of the French National Academy of Dramatic Arts]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Christian_Boltanski&diff=886909679Christian Boltanski2019-03-09T09:47:07Z<p>114.249.43.146: </p>
<hr />
<div>{{Use dmy dates|date=April 2014}}<br />
{{BLP sources|date=February 2011}}<br />
{{Infobox artist<br />
| bgcolour = #6495ED<br />
| name = Christian Boltanski<br />
| image = Christian-Boltanski-portrait.jpg<br />
| imagesize =<br />
| caption = Christian Boltanski in 1990.<br />
| birth_name =<br />
| birth_date = {{Birth date and age|1944|9|6|df=y}}<br />
| birth_place = [[Paris]], [[France]]<br />
| death_date =<br />
| death_place =<br />
| nationality = French<br />
| field = Sculpture, Painting, Photography, [[Installation art]]<br />
| training =<br />
| movement =<br />
| works =<br />
}} '''Christian Boltanski''' (born 1944) is a French sculptor, photographer, painter and film maker, most well known for his photography installations and contemporary French Conceptual style.<ref>{{Cite web|url=http://www.artnet.com/artists/christian-boltanski/|title=Christian Boltanski {{!}} artnet|last=|first=|date=|website=www.artnet.com|publisher=|access-date=2016-07-22}}</ref><br />
<br />
[[File:Les habitants de l'hôtel de Saint-Aignan en 1939 (détail), Christian Boltanski - Musée d'art et d'histoire du Judaïsme - Boltanski.jpg|thumb|''The inhabitants of the Hôtel de Saint-Aignan in 1939'' (1998) - [[Musée d'Art et d'Histoire du Judaïsme]] ]]<br />
<br />
[[File:Christian Boltanski sculpture in Folkestone.jpg|thumb|240px|[[Sound installation]] ''The Whispers'' by Christian Boltanski at the Folkestone Triennal (2008)]] He is the brother of [[Luc Boltanski]] and the partner of [[Annette Messager]]. The writer [[Christophe Boltanski]] is his nephew.<br />
<br />
== Early career ==<br />
Boltanski began creating art in the late 1950s, but didn't rise to prominence until almost a decade later through a few short, avante-garde films and some published notebooks in which he referenced his childhood.<ref>{{Cite web|url=http://www.tate.org.uk/art/artists/christian-boltanski-2305|title=Christian Boltanski, 'The Reserve of Dead Swiss' 1990|website=Tate|access-date=2016-07-22}}</ref><br />
<br />
==Installation art==<br />
In 1986, Boltanski began creating mixed media/materials installations with light as essential concept. Tin boxes, altar-like construction of framed and manipulated<ref>{{cite web|last=Borger|first=Irene|title=Christian Boltanski|url=http://bombsite.com/issues/26/articles/1148|publisher=[[BOMB Magazine]]|accessdate=15 May 2013 |quote=IB: This touches on the newer work, you have rephotographed and enlarged a portrait of a high school class, in such a way that the information in the pictures is no longer very specific and detailed. You're really asking the spectator to fill it in. CB: You mean the Lycee Chases? CB The less information you have, the more open the work, the more you can think about it.}}</ref> photographs (e.g. ''Chases School'', 1986–1987), photographs of Jewish schoolchildren taken in Vienna in 1931, used as a forceful reminder of [[Holocaust|mass murder of Jews by the Nazis]], all those elements and materials used in his work are used in order to represent deep contemplation regarding reconstruction of past. While creating ''Reserve'' (exhibition at [[Basel]], Museum Gegenwartskunst, 1989), Boltanski filled rooms and corridors with worn clothing items as a way of inciting profound sensation of human tragedy at [[concentration camps]]. As in his previous works, objects serve as relentless reminders of human experience and suffering.<ref name=MoMA>[http://www.moma.org/collection/artist.php?artist_id=649 Christian Boltanski: About this artist], [[Oxford University Press]]</ref> His piece, '' Monument (Odessa)'', uses six photographs of Jewish students in 1939 and lights to resemble [[Yahrzeit candle]]s to honor and remember the dead. "My work is about the fact of dying, but it's not about the Holocaust itself."<ref>[http://www.thejewishmuseum.org/onlinecollection/object_collection.php?objectid=28216&artistlist=1&aid=1098 Monument (Odessa)]{{dead link|date=November 2016 |bot=InternetArchiveBot |fix-attempted=yes }} [[Jewish Museum (New York)|Jewish Museum]]</ref><br />
<br />
Additionally, his enormous installation titled "No Man's Land" (2010) at the [[Park Avenue Armory]] in New York, is a great example of how his constructions and installations trace the lives of the lost and forgotten.<ref>{{cite journal|last=McAdams|first=Shane|title=CHRISTIAN BOLTANSKI No Man's Land|journal=The Brooklyn Rail|issue=July–August 2010|url=http://brooklynrail.org/2010/07/artseen/christian-boltanski-no-mans-land}}</ref><br />
<br />
==Exhibitions==<br />
<br />
Christian Boltanski has participated in over 150 art exhibitions throughout the world.<ref name="Christian Boltanski biography">{{cite web|title=Christian Boltanski biography|url=http://i1.exhibit-e.com/mariangoodman/e5651959.pdf|publisher=Marian Goodman gallery}}{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Among others, he had solo exhibitions at the [[New Museum]] (1988), the [[Kunstmuseum Liechtenstein]], Magasin 3 in Stockholm, the [[La Maison Rouge]] gallery, Institut Mathildenhöhe, the Kewenig Galerie, The [[Musée d'Art et d'Histoire du Judaïsme]] and many others.<ref name="Christian Boltanski biography"/><br />
<br />
From 1 July to 25 September 2011, museum [[Es Baluard]] (Mallorca, Spain) exhibited "Signatures", the installation Christian Boltanski conceived specifically for [[Es Baluard]] and which is focused on the memory of the workers who in the 17th Century built the museum's walls.<br />
<br />
In 2002, Boltanski made the installation "Totentanz II", a Shadow Installation with copper figures, for the underground [[Centre for International Light Art]] (CILA) in [[Unna]], Germany.<br />
<br />
In the winter of 2017/2018 he created a new installation for the [[Oude Kerk (Amsterdam)| Oude Kerk]] on the theme of what will come after our life has come to an end with the title: 'After'. The exhibition was shown from 24th of november 2017 until 29th of april 2018.<br />
<br />
==Prizes==<br />
*1994 Kunstpreis Aachen<br />
*2007&nbsp;billionéateurs sans frontières award for visual arts by Cultures France<ref name="Marian Goodman Gallery">{{cite web|title=Marian Goodman Gallery|url=http://www.mariangoodman.com/artists/christian-boltanski/|publisher=Marian Goodman Gallery|accessdate=4 May 2011}}</ref><br />
*2007 [[Praemium Imperiale]] Award by the Japan Art Association<ref name="Marian Goodman Gallery"/><br />
*2001 Goslarer Kaiserring, Goslar, Germany<ref name="Marian Goodman Gallery"/><br />
*2001 Kunstpreis, given by Nord/LB, Braunschweig, Germany<ref name="Marian Goodman Gallery"/><br />
<br />
== References ==<br />
{{reflist|colwidth=30em}}<br />
<br />
== Further reading ==<br />
* [[Tamar Garb]], Didier Semin, Donald Kuspit, "Christian Boltanski", [[Phaidon Press|Phaidon]], London, 1997.<br />
* Lynn Gumpert and [[Mary Jane Jacob]], "Christian Boltanski: Lessons of Darkness," Chicago Museum of Contemporary Art, 1988.<br />
* Didier Semin, "Christian Boltanski," Paris, Art Press, 1988.<br />
* Nancy Marmer, "Christian Boltanski: The Uses of Contradiction," "Art in America," October 1989, pp.&nbsp;168–181, 233–235.<br />
* Lynn Gumpert, "Christian Boltanski," Paris, Flammarion, 1984.<br />
<br />
==External links==<br />
{{more footnotes|date=February 2011}}<br />
*[http://www.mariangoodman.com/artists/christian-boltanski/ Marian Goodman Gallery]<br />
*[http://www.tate.org.uk/context-comment/video/christian-boltanski-talking-art Tate Magazine Interview]<br />
*[https://web.archive.org/web/20090803221259/http://www.icp.org/site/c.dnJGKJNsFqG/b.3829957/ ICP: Christian Boltanski]<br />
*[http://www.folkestonetriennial.org.uk/index.php/artists/biography/christian-boltanski/ Folkestone Triennial: Christian Boltanski]<br />
* {{fr icon}} [http://www.moreeuw.com/histoire-art/christian-boltanski.htm Christian Boltanski]<br />
*[http://www.kunstaspekte.de/index.php?action=webpages&k=151 Exhibitions listed at kunstaspekte.de]<br />
*[http://www.moma.org/collection/artist.php?artist_id=649 MoMA profile]<br />
*[https://web.archive.org/web/20110824101142/http://phomul.canalblog.com/archives/boltanski__christian/index.html Art Icono]<br />
*[http://www.magasin3.com/v1/exhibitions/boltanski.html Magasin 3: Christian Boltanski]<br />
*[http://thejewishmuseum.org/collection/artist/christian-boltanski-french-b-1944 The Jewish Museum]<br />
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{{Authority control}}<br />
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{{DEFAULTSORT:Boltanski, Christian}}<br />
[[Category:1944 births]]<br />
[[Category:French Jews]]<br />
[[Category:French mixed-media artists]]<br />
[[Category:20th-century French painters]]<br />
[[Category:French male painters]]<br />
[[Category:21st-century French painters]]<br />
[[Category:French conceptual artists]]<br />
[[Category:French photographers]]<br />
[[Category:Living people]]<br />
[[Category:Postmodern artists]]<br />
[[Category:French people of Corsican descent]]<br />
[[Category:French people of Ukrainian-Jewish descent]]<br />
[[Category:Faculty of the École des Beaux-Arts]]<br />
[[Category:20th-century French sculptors]]<br />
[[Category:French male sculptors]]<br />
[[Category:French contemporary artists]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Catherine_Deneuve&diff=886909429Catherine Deneuve2019-03-09T09:43:23Z<p>114.249.43.146: </p>
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<div>{{Redirect|Deneuve|the magazine formerly published with this name|Curve (magazine)|the fictional detective|L (Death Note)}}<br />
{{Use dmy dates|date=August 2017}}<br />
{{Infobox person<br />
| name = Catherine Deneuve<br />
| image = Catherine Deneuve 1995.jpg<br />
| caption = Catherine Deneuve in 1995<br />
| birth_name = Catherine Fabienne Dorléac<br />
| birth_date = {{Birth date and age|df=yes|1943|10|22}}<br />
| birth_place = [[Paris]], [[German military administration in occupied France during World War II|German-occupied France]]<br />
| occupation = actress, model, singer, film producer<br />
| years_active = from 1956<br />
| parents = [[Maurice Dorléac]]<br>[[Renée Simonot]]<br />
| relations = [[Françoise Dorléac]] (sister)<br />
| spouse = {{marriage|[[David Bailey]]<br>|1965|1972|reason=divorced}}<br />
| partner = [[Roger Vadim]] (1961–1964)<br>[[Marcello Mastroianni]] (1971–1975)<br>[[Hugh Johnson (cinematographer)|Hugh Johnson]] (1982–1983)<br>[[Pierre Lescure]] (1984–1991)<br />
| children = [[Christian Vadim]]<br>[[Chiara Mastroianni]]<br />
}}<br />
'''Catherine Fabienne Dorléac''' (born 22 October 1943), known professionally as '''Catherine Deneuve''' ({{IPA-fr|katʁin dənœv|lang}}), is a French actress as well as an occasional singer, model and producer. She gained recognition for her portrayal of icy, aloof and mysterious beauties for various directors, including [[Luis Buñuel]], [[François Truffaut]] and [[Roman Polanski]].<ref name=answers>[http://www.britannica.com/biography/Catherine-Deneuve Catherine Deneuve Biography] {{webarchive|url=https://web.archive.org/web/20160604132115/http://www.britannica.com/biography/Catherine-Deneuve |date=4 June 2016 }}. Britannica Concise Encyclopedia.</ref> In 1985, she succeeded [[Mireille Mathieu]] as the official face of [[Marianne]], France's national symbol of liberty. A 14-time [[César Award]] nominee, she won for her performances in Truffaut's ''[[The Last Metro]]'' (1980), for which she also won the [[David di Donatello]] for Best Foreign Actress, and [[Régis Wargnier]]'s ''[[Indochine (film)|Indochine]]'' (1992). She is also noted for her support for a variety of [[Liberalism|liberal causes]] and sometimes controversial statements.<br />
<br />
Deneuve made her film debut in 1957 and first came to prominence in [[Jacques Demy]]'s 1964 musical ''[[The Umbrellas of Cherbourg]]'', before going on to star for Polanski in ''[[Repulsion (film)|Repulsion]]'' (1965) and for Buñuel in ''[[Belle de Jour (film)|Belle de Jour]]'' (1967) and ''[[Tristana (film)|Tristana]]'' (1970). She was nominated for the [[BAFTA Award for Best Actress in a Leading Role|BAFTA Award for Best Actress]] for ''Belle de Jour'', and the [[Academy Award for Best Actress]] for ''Indochine''. She also won the 1998 [[Volpi Cup for Best Actress]] at the [[Venice Film Festival]] for ''[[Place Vendôme (film)|Place Vendôme]]''. Her English-language films include ''[[The April Fools]]'' (1969), ''[[Hustle (1975 film)|Hustle]]'' (1975), ''[[The Hunger (1983 film)|The Hunger]]'' (1983) and ''[[Dancer in the Dark]]'' (2000).<br />
<br />
==Early life==<br />
Deneuve was born Catherine Fabienne Dorléac in [[Paris]], the daughter of French stage actors [[Maurice Dorléac]] and [[Renée Simonot]]. Deneuve has two sisters, [[Françoise Dorléac]] (1942–1967) and Sylvie Dorléac (born 14 December 1946),<ref name="Yahoo! Movies">[https://movies.yahoo.com/movie/contributor/1800021971 Catherine Deneuve] {{webarchive|url=https://web.archive.org/web/20111110202621/http://movies.yahoo.com/movie/contributor/1800021971 |date=10 November 2011 }} at Yahoo! Movies</ref> as well as a maternal half-sister, Danielle, whom their mother had out of wedlock in 1937 with [[Aimé Clariond]], but who was later adopted by Maurice and took his surname. Deneuve was her mother's maiden name, which she chose for her stage name, in order to differentiate herself from her sisters. Deneuve attended Catholic schools.<ref>[http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm "The Los Angeles Times Interview from 1992"] {{webarchive|url=https://web.archive.org/web/20160304053057/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm |date=4 March 2016 }} Tout Sur Deneuve</ref><br />
<br />
==Film career==<br />
Deneuve made her film debut with a small role in [[André Hunebelle]]'s ''[[:fr:Les Collégiennes|Les Collégiennes]]'' (1957) with her younger sister Sylvie Dorléac who, like their older half-sister Danielle, was an occasional child actress.<ref name="filmcomment">{{cite web|title= Catherine Deneuve interviewed by Arnaud Despelchin|publisher= ''[[Film Comment]]'' magazine (November/December 2008 edition)|url= http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|deadurl= no|archiveurl= https://web.archive.org/web/20140116115532/http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|archivedate= 16 January 2014|df= dmy-all}}</ref> She subsequently appeared in several films for director [[Roger Vadim]] as well as in ''[[:fr:L'Homme à femmes (film, 1960)|L'Homme à femmes]]'' (1960), which caught the eye of [[Jacques Demy]], who cast Deneuve in his 1964 musical<br />
''[[Les Parapluies de Cherbourg]]'', the film that brought her to stardom.<ref name="filmcomment"/> Deneuve played the cold but erotic persona, for which she would be nicknamed the "ice maiden", in [[Roman Polanski]]'s horror classic ''[[Repulsion (film)|Repulsion]]'' (1965), reinforcing it in [[Luis Buñuel]]'s ''[[Belle de jour (film)|Belle de Jour]]'' (1967), and reaching a peak in ''[[Tristana (film)|Tristana]]'' (1970).<ref>{{cite news |title=Philip French's Screen Legends, The Observer Review, p.12 |date=1 February 2009 |url=https://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |location=London |work=The Guardian |deadurl=no |archiveurl=https://web.archive.org/web/20160308083920/http://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |archivedate=8 March 2016 |df=dmy-all }}</ref> Her work for Buñuel would be her most famous.<ref>{{Cite book | first = Maxine | last = Block |author2=Anna Herthe Rothe |author3=Marjorie Dent Candee |author4=Charles Moritz | publisher=H.W. Wilson Co. | year = 1978 | title = Current Biography Yearbook | page = 98 | isbn = 978-99973-770-2-9| quote = Catherine Deneuve has also&nbsp;... been called the "ice maiden" because of the aloof and enigmatic personality she has glacially portrayed in such classic art films as Polanski's ''Repulsion''&nbsp;... <br />
}}</ref><ref>{{Cite news|first=Alice|last=Jones|url=http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|archive-url=https://web.archive.org/web/20081110073606/http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|dead-url=yes|archive-date=10 November 2008|title=Catherine the great: Deneuve's five finest roles|work=The Independent|date=7 March 2007|accessdate=10 September 2008|quote = The first and most chilling of Deneuve's classic ice-maiden roles." "Deneuve's best-known role.}} </ref><br />
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Further prominent films from this early time in her career included [[Jean-Paul Rappeneau]]'s ''[[A Matter of Resistance]]'' (1966), Demy's musical ''[[The Young Girls of Rochefort|Les Demoiselles de Rochefort]]'' (1967) and [[François Truffaut]]'s romantic thriller ''[[Mississippi Mermaid]]'' (1969). Deneuve remained active in European films during the 1960s and 1970s, though she limited her appearances in American films of the period to ''[[The April Fools]]'' (1969), a romantic comedy with [[Jack Lemmon]], and ''[[Hustle (1975 film)|Hustle]]'' (1975), a crime drama with [[Burt Reynolds]]. Her starring roles at the time were featured in such films as ''[[A Slightly Pregnant Man]]'' (1973) with [[Marcello Mastroianni]] and ''[[Le Sauvage]]'' (1975) with [[Yves Montand]].<br />
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[[Image:MJK34539 Catherine Deneuve (Sage Femme, Berlinale 2017).jpg|thumb|Catherine Deneuve at the [[67th Berlin International Film Festival|2017 Berlin Film Festival]]]]<br />
In the 1980s, Deneuve's films included [[François Truffaut]]'s ''[[Le Dernier métro (film)|Le Dernier métro]]'' (1980), for which she won the [[César Award for Best Actress]], and [[Tony Scott]]'s ''[[The Hunger (1983 film)|The Hunger]]'' (1983) as a bisexual vampire, co-starring with [[David Bowie]] and [[Susan Sarandon]], a role which brought her a significant lesbian and cult following, mostly among the gothic subculture.<ref>{{Cite news|first=Matthew |last=Sweet |title=My lips are sealed&nbsp;... In her new film, 8 Women, the French icon Catherine Deneuve shares a kiss with her co-star Fanny Ardant. It's not her favourite part of the movie, she tells Matthew Sweet |work=The Independent |location=UK |date=29 November 2002 |url=http://www.highbeam.com/doc/1G1-94716710.html |quote=she cackles with delight when I ask her if the scene has pleased her army of lesbian fans&nbsp;... She acquired this following Tony Scott's vampire flick "The Hunger" (1983), in which she played a fanged seductress&nbsp;... who took her sweet time getting to Susan Sarandon's jugular&nbsp;... |deadurl=yes |archiveurl=https://web.archive.org/web/20070602200046/http://www.highbeam.com/doc/1G1-94716710.html |archivedate=2 June 2007 }} {{subscription required}}</ref> She made her debut film as a producer in 1988, ''[[A Strange Place to Meet|Drôle d'endroit pour une rencontre]]'', alongside frequent co-star [[Gerard Depardieu]].<br />
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In the early 1990s, Deneuve's more significant roles included 1992's ''[[Indochine (film)|Indochine]]'' opposite [[Vincent Perez]], for which she was nominated for an [[Academy Award for Best Actress]] and won a second César Award for Best Actress; and [[André Téchiné]]'s two movies, ''[[Ma saison préférée]]'' (1993) and ''[[Les Voleurs]]'' (1996). In 1997, Deneuve was the protagonist in the music video for the song ''N'Oubliez Jamais'' sung by [[Joe Cocker]]. In 1998 she won acclaim and the [[Volpi Cup]] at the [[Venice Film Festival]] for her performance in ''[[Place Vendôme (film)|Place Vendôme]]''. In the late 1990s, Deneuve continued to appear in a large number of films such as 1999's five films ''[[East/West|Est-Ouest]]'', ''[[Time Regained (film)|Le temps retrouvé]]'', ''[[Pola X]]'', ''[[Belle maman]]'', and ''[[:fr:Le Vent de la nuit (film)|Le Vent de la nuit]]''.<br />
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In 2000, Deneuve's part in [[Lars von Trier]]'s musical drama ''[[Dancer in the Dark (film)|Dancer in the Dark]]'' alongside Icelandic singer [[Björk]] was subject to considerable critical scrutiny. The film was selected for the [[Palme d'Or]] at the Cannes Film Festival. She made another foray into Hollywood the following year, starring in ''[[The Musketeer]]'' (2001) for [[Peter Hyams]]. In 2002, she shared the Silver Bear Award for Best Ensemble Cast at the [[Berlin International Film Festival]] for her performance in ''[[8 Women]]''. In 2005, Deneuve published her diary ''A l'ombre de moi-meme'' ("In My Own Shadow", published in English as ''Close Up and Personal: The Private Diaries of Catherine Deneuve''); in it she writes about her experiences shooting the films ''[[Indochine (film)|Indochine]]'' and ''[[Dancer in the Dark (film)|Dancer in the Dark]]''. She also provided the [[voice acting|voice role]] of [[Marjane Satrapi]]'s mother in Satrapi's animated autobiographical film ''[[Persepolis (film)|Persepolis]]'' (2007), based on the graphic novel of the [[Persepolis (comics)|same name]]. In 2008, she appeared in her 100th film, ''[[A Christmas Tale|Un conte de Noël]]''.<ref>{{cite news |url=http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |title=Seven decades of era-defining glamour from Cannes |date=21 May 2014 |publisher=CNN |deadurl=no |archiveurl=https://web.archive.org/web/20160513063448/http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |archivedate=13 May 2016 |df=dmy-all }}</ref><br />
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Deneuve's recent work includes ''[[Potiche]]'' (2010) with frequent co-star Depardieu, ''[[The Beloved (2011 film)|Les Bien-aimés]]'' (2012), alongside former co-stars [[Ludivine Sagnier]] and [[Chiara Mastroianni]], the popular French adventure comedy ''[[Asterix and Obelix: God Save Britannia]]'' (2012) with [[Gerard Depardieu]] and [[Valérie Lemercier]], screenwriter and director [[Emmanuelle Bercot]]'s ''[[On My Way (film)|On My Way]]'' (2013), [[Palme D'or]] winning writer/director [[Pierre Salvadori]]'s comedy drama ''[[In the Courtyard]]'' (2014), and [[André Téchiné]]'s drama ''[[In the Name of My Daughter]]'' (2014). In 2017, she co-starred alongside [[Catherine Frot]], in writer/director [[Martin Provost]]'s French drama ''[[The Midwife]]'', which has been acquired by [[Music Box Films]] for a summer 2017 distribution in the United States.<ref>{{cite news|url=https://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|title=Catherine Deneuve's 'The Midwife' Lands at Music Box|date=3 May 2017|publisher=Variety|deadurl=no|archiveurl=https://web.archive.org/web/20170816064150/http://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|archivedate=16 August 2017|df=dmy-all}}</ref><ref>{{cite news|url=http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|title=Music Box Delivering 'The Midwife'|date=4 May 2017|publisher=Deadline|deadurl=no|archiveurl=https://web.archive.org/web/20170506071929/http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|archivedate=6 May 2017|df=dmy-all}}</ref><br />
<br />
==Career outside film==<br />
<br />
===Modeling===<br />
[[File:Catherine Deneuve 1999.jpg|thumb|upright|Deneuve in 1999]]<br />
Deneuve appeared nude in two ''[[Playboy]]'' pictorials in 1963 and 1965.<ref name="Lisanti2001">{{cite book|author=Tom Lisanti|title=Fantasy Femmes of Sixties Cinema: Interviews with 20 Actresses from Biker, Beach, and Elvis Movies|url=https://books.google.com/books?id=2_E6M3LEGP4C&pg=PA12|year=2001|publisher=McFarland|isbn=978-0-7864-0868-9|pages=12–}}</ref> Her image was used to represent [[Marianne]], the national symbol of France, from 1985 to 1989.{{cn|date=January 2018}} As the face of [[Chanel No. 5]] in the late 1970s, she caused sales of the perfume to soar in the United States{{spaced ndash}}so much so that the American press, captivated by her charm, nominated her as the world's most elegant woman.<ref name=brandhot>{{cite web |url=http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |title=Chanel ad campaign, USA 1975 |publisher=Brandhot.de |date=22 February 1999 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110228131540/http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |archivedate=28 February 2011 |df=dmy-all }}</ref> In 1983, American Home Products retained her to represent their cosmetics line and hired world-renowned photographer [[Richard Avedon]] to promote its line of ''Youth Garde'' cosmetics, for which she famously proclaimed, "Look closely. Next year I will be 40."<br />
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She is considered the muse of designer [[Yves Saint Laurent (designer)|Yves Saint Laurent]]; he dressed her in the films, ''[[Belle de jour (film)|Belle de Jour]]'', ''[[La Chamade (film)|La Chamade]]'', ''[[Mississippi Mermaid|La sirène du {{sic|hide=y|Mississipi}}]]'', ''[[Un flic]]'', ''[[Liza (1972 film)|Liza]]'' and ''[[The Hunger (1983 film)|The Hunger]]''. In 1992, she became a model for his skincare line.<br />
In 2001, she was chosen as the new face of [[L'Oréal Paris]]. In 2006, Deneuve became the third inspiration for the M•A•C Beauty Icon series and collaborated on the colour collection that became available at M•A•C locations worldwide in February that year. Deneuve began appearing in the new [[Louis Vuitton]] luggage advertisements in 2007. Deneuve was listed as one of the fifty best-dressed over 50s by the ''Guardian'' in March 2013.<ref>{{cite news|title=The 50 best-dressed over 50s|url=https://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|newspaper=The Guardian|location=London|first1=Jess|last1=Cartner-Morley|first2=Helen|last2=Mirren|first3=Arianna|last3=Huffington|first4=Valerie|last4=Amos|date=28 March 2013|deadurl=no|archiveurl=https://web.archive.org/web/20160420140223/http://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|archivedate=20 April 2016|df=dmy-all}}</ref> In July 2017, Deneuve appeared in a video campaign for [[Louis Vuitton]] entitled ''Connected Journeys'', celebrating the launch of the brand's Tambour Horizon smartwatch, which also featured celebrities, including [[Jennifer Connelly]], [[Bae Doona]], [[Jaden Smith]] and [[Miranda Kerr]].<ref>{{cite web|title=The First Louis Vuitton Smartwatch is here|url=http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|date=11 July 2017|work=[[Harper's Bazaar]]|accessdate=19 August 2017|deadurl=no|archiveurl=https://web.archive.org/web/20170818221805/http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|archivedate=18 August 2017|df=dmy-all}}</ref><br />
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===Entrepreneurial===<br />
In 1986, Deneuve introduced her own perfume, ''Deneuve''.<ref>{{cite news| url=http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| title=French Film Star Deneuve Introduces Own Fragrance| accessdate=4 January 2014| work=Los Angeles Times| first=Timothy| last=Hawkins| date=11 April 1986| deadurl=no| archiveurl=http://archive.wikiwix.com/cache/20140105225915/http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| archivedate=5 January 2014| df=dmy-all}}</ref> She is also a designer of glasses, shoes, jewelry and greeting cards.{{citation needed|date=July 2013}}<br />
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==Charities==<br />
* Deneuve was appointed [[UNESCO]] [[Goodwill Ambassador]] for the Safeguarding of Film Heritage in 1994 until her resignation on 12 November 2003.<br />
* Deneuve asked that the rights owed to her from her representation of Marianne be given to [[Amnesty International]].<ref name=politique>{{fr icon}}[http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm#int1 "Amnesty International et lutte contre la peine de mort"] {{webarchive|url=https://web.archive.org/web/20070703230838/http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm |date=3 July 2007 }} Tout sur Deneuve</ref><br />
* [[Louis Vuitton]] made a donation to [[The Climate Project]], spearheaded by [[Al Gore]], on behalf of Deneuve.<br />
* Deneuve is also involved with [[Children Action]], [[Children of Africa]], [[Orphelins Roumains]] and [[Reporters Without Borders]].<br />
* [[Pain Without Borders|Douleur sans frontiers]] (Pain Without Borders) – At the end of 2003, Deneuve recorded a radio commercial to encourage donations to fight against the pain in the world, notably for the victims of landmines.<ref name=galabio>{{cite web|url=http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |title=Catherine Deneuve Bio |language=fr |publisher=www.gala.fr |date= |accessdate=1 March 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20080903103813/http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |archivedate=3 September 2008 |df= }}</ref><br />
* [[Handicap International]] – In the middle of July 2005, Deneuve lent her voice to the message of radio commercials, TV and cinema, which denounced the use of the BASM (cluster bombs).<br />
* [[Voix de femmes pour la démocratie]] (Voice of women for democracy) – Deneuve read the text, "Le petit garçon", of [[Jean-Lou Dabadie]], on the entitled CD, "Voix de femmes pour la démocratie." The CD was sold for the benefit of the female victims of the war and the fundamentalisms that fight for democracy.<br />
* Deneuve has also been involved with various charities in the fight against AIDS and cancer.<ref name="galabio"/><br />
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==Political involvement==<br />
[[File:Catherine Deneuve Césars 2011.jpg|thumb|upright|Deneuve at the [[36th César Awards|2011 César Awards]].]]<br />
* In 1972, Deneuve signed the [[Manifesto of the 343]]. The manifesto was an admission by its signers to have practiced illegal abortions and therefore exposed themselves to judicial actions and prison sentences. It was published in ''[[Le Nouvel Observateur]]'' on 5 April 1971. That same year, feminist lawyer [[Gisèle Halimi]] founded the group, Choisir ("To Choose"), to protect the women who had signed the Manifesto of the 343.<br />
* Deneuve is involved with Amnesty International's program to abolish the death penalty.<br />
* In 2001, Deneuve delivered a petition organized by the French-based group, "Together Against the death penalty", to the U.S. Embassy in Paris.<ref name="deathpentaly">{{Cite news | url = http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | title = French horrified by execution | publisher = BBC NEWS | date = 14 May 2001 | first = James | last = Coomarasamy | deadurl = no | archiveurl = https://web.archive.org/web/20160305045022/http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | archivedate = 5 March 2016 | df = dmy-all }}</ref><br />
* In April 2007, Deneuve signed a petition on the internet protesting against the "misogynous" treatment of socialist presidential candidate [[Ségolène Royal]]. More than 8,000 French men and women signed the petition, including French actress [[Jeanne Moreau]].<ref name=royal>{{Cite news|url=http://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_&quotmisogynous&quot_treatment_of_Royal |title=Thousands sign petition against "misogynous" treatment of Royal |work=Europe News on Monsters and Critics |publisher=Deutsche Presse-Agentur |date=12 April 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20140117024536/https://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_%26quotmisogynous%26quot_treatment_of_Royal |archivedate=17 January 2014 |df=dmy }}</ref><br />
* In January 2018, Deneuve signed an open letter denouncing women's right to publicly call out perpetrators of sexual harassment and assault, complaining that this had become a witch hunt, and that there can be no right for a woman to say "no" to a sexual proposition from a man, without the accompanying right for a man to first make such a proposition.<ref>{{cite web|url=https://www.bbc.com/news/world-europe-42687157|title=Deneuve apologises to sex assault victims|author=|date=8 May 2018|publisher=|accessdate=8 May 2018|via=www.bbc.com|deadurl=no|archiveurl=https://web.archive.org/web/20180318123424/http://www.bbc.com/news/world-europe-42687157|archivedate=18 March 2018|df=dmy-all}}</ref><br />
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==Personal life==<br />
Deneuve speaks fluent French, Italian and English and has some knowledge of Spanish, though she does not speak the language fluently. Her hobbies and passions include gardening, drawing, photography, reading, music, cinema, fashion, antiques and decoration.<ref name="galabio"/><br />
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Deneuve has been married once,<ref>{{cite web |author=Isabelle Vautier |url=http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |title=Tout sur Catherine Deneuve – Interview parue dans ''The Advocate'' (1995) |publisher=Toutsurdeneuve.free.fr |year=1955 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110720231501/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |archivedate=20 July 2011 |df=dmy-all }}</ref> to photographer [[David Bailey (photographer)|David Bailey]] from 1965 to 1972.<ref name="Yahoo! Movies"/> She has lived with director [[Roger Vadim]],<ref>{{cite news |author=Stephanie Bunbury |url=http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |title=Catherine Deneuve's Frosty Charm |publisher=''[[The Sydney Morning Herald]]'' |date=23 November 2013 |accessdate=23 November 2013 |deadurl=no |archiveurl=https://web.archive.org/web/20131123123224/http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |archivedate=23 November 2013 |df=dmy-all }}</ref> actor [[Marcello Mastroianni]],<ref name = "Yahoo! Movies"/> cinematographer [[Hugh Johnson (cinematographer)|Hugh Johnson]],<ref>{{cite book|author=John Cigarini|title=Johnny Cigarini: Confessions of a King's Road Cowboy|year=2014|publisher=Troubador Publishing Ltd|isbn=1-78462-806-9}}</ref> Spanish model and current television presenter Carlos Lozano,<ref>{{cite news |author=Jesus Manuel Ruiz |url=https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |title=El 'affaire' (hasta ahora desconocido) entre Carlos Lozano y Catherine Deneuve |publisher=''[[Vanitatis]]'' |date=10 March 2016 |accessdate=15 January 2018 |deadurl=no |archiveurl=https://web.archive.org/web/20180116135059/https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |archivedate=16 January 2018 |df=dmy-all }}</ref> and [[Canal+]] tycoon [[Pierre Lescure]].<ref name = "Yahoo! Movies"/><br />
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Deneuve has two children: actor [[Christian Vadim]], from her relationship with Roger Vadim, and actress [[Chiara Mastroianni]], from her relationship with Marcello Mastroianni. She has five grandchildren.<ref name = "Yahoo! Movies"/><br />
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Deneuve is close friends with the artist [[Fred Nall Hollis|Nall]] and owns some of his works.<ref>{{cite web|url=https://www.nytimes.com/2009/10/07/greathomesanddestinations/07gh-france.html|title=In France, an Artist’s Retreat}}</ref><br />
<br />
==Filmography==<br />
{| class="wikitable sortable"<br />
! Year<br />
! Title<br />
! Role<br />
! Director<br />
! class="unsortable" | Notes<br />
|-<br />
| 1957<br />
| ''Les Collégiennes''<br />
| Une grande<br />
| [[André Hunebelle]]<br />
| <br />
|-<br />
| 1960<br />
| ''{{Interlanguage link multi|L'Homme à femmes|fr|3=L'Homme à femmes (film, 1960)}}''<br />
| Catherine<br />
| {{ill|Jacques-Gérard Cornu|fr}}<br />
| <br />
|-<br />
| 1960<br />
| ''Les Portes claquent''<br />
| Dany<br />
| [[Michel Fermaud]]<br>[[Jacques Poitrenaud]]<br />
| <br />
|-<br />
| 1962<br />
| ''Les Parisiennes''<br />
| Sophie<br />
| [[Marc Allégret]]<br />
| <br />
|-<br />
| 1962<br />
| ''Ça c'est la vie''<br />
| <br />
| [[Claude Choublier]]<br />
| [[Short film]]<br />
|-<br />
| 1962<br />
| ''[[Et Satan conduit le bal]]''<br />
| Manuelle<br />
| Grisha Dabat<br />
| <br />
|-<br />
| 1963<br />
| ''[[Vice and Virtue]]''<br />
| Justine Morand<br />
| [[Roger Vadim]]<br />
| <br />
|-<br />
| 1963<br />
| ''[[Portuguese Vacation]]''<br />
| Catherine<br />
| [[Pierre Kast]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[The Umbrellas of Cherbourg]]''<br />
| Geneviève Emery<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Les Plus belles escroqueries du monde]]''<br />
| Swindler<br />
| [[Claude Chabrol]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[La Chasse à l'homme]]''<br />
| Denise<br />
| [[Édouard Molinaro]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Male Companion]]''<br />
| Isabelle<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1964<br />
| ''La Costanza della ragione''<br />
| Lori<br />
| [[Pasquale Festa Campanile]]<br />
| <br />
|-<br />
| 1965<br />
| ''Les Petits chats''<br />
| <br />
| {{ill|Jacques R. Villa|fr}}<br />
| <br />
|-<br />
| 1965<br />
| ''[[Repulsion (film)|Repulsion]]''<br />
| Carol<br />
| [[Roman Polanski]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Who Wants to Sleep?]]''<br />
| Angela Claasen<br />
| [[Rolf Thiele]]<br>[[Axel von Ambesser]]<br>[[Alfred Weidenmann]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Le Chant du monde (film)|Le Chant du monde]]''<br />
| Clara<br />
| [[Marcel Camus]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[A Matter of Resistance]]''<br />
| Marie<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[Les Créatures]]''<br />
| Mylène<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[The Young Girls of Rochefort]]''<br />
| Delphine Garnier<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[Belle de Jour (film)|Belle de Jour]]''<br />
| Séverine Serizy / Belle de Jour<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Benjamin (film)|Benjamin]]''<br />
| Anne de Clécy<br />
| [[Michel Deville]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Manon 70]]''<br />
| Manon<br />
| [[Jean Aurel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Mayerling (1968 film)|Mayerling]]''<br />
| Maria Vetsera<br />
| [[Terence Young (director)|Terence Young]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[La Chamade (film)|La Chamade]]''<br />
| Lucile<br />
| [[Alain Cavalier]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[The April Fools]]''<br />
| Catherine Gunther<br />
| [[Stuart Rosenberg]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[Mississippi Mermaid]]''<br />
| Julie Roussel / Marion Vergano<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1969<br />
| ''{{Interlanguage link multi|Tout peut arriver|fr|3=Tout peut arriver (film, 1969)|lt=Tout peut arriver}}''<br />
| Interviewee<br />
| [[Philippe Labro]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Tristana (film)|Tristana]]''<br />
| Tristana<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Peau d'Âne]]''<br />
| Princess / 'Donkey Skin'<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1971<br />
| ''[[It Only Happens to Others]]''<br />
| Catherine<br />
| [[Nadine Trintignant]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Liza (1972 film)|Liza]]''<br />
| Liza<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Un flic]]''<br />
| Cathy<br />
| [[Jean-Pierre Melville]]<br />
| <br />
|-<br />
| 1973<br />
| ''[[A Slightly Pregnant Man]]''<br />
| Irène de Fontenoy<br />
| [[Jacques Demy]]<br />
|<br />
|-<br />
| 1974<br />
| ''[[Don't Touch the White Woman!]]''<br />
| Marie-Hélène de Boismonfrais<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1974<br />
| ''[[Drama of the Rich]]''<br />
| Linda Murri<br />
| [[Mauro Bolognini]]<br />
| <br />
|-<br />
| 1974<br />
| ''{{Interlanguage link multi|La femme aux bottes rouges|fr|3=La femme aux bottes rouges}}''<br />
| Françoise LeRoi<br />
| [[Juan Luis Buñuel]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|Zig-Zig|fr}}''<br />
| Marie<br />
| [[László Szabó (actor)|László Szabó]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|L'Agression|fr|3=L'Agression (film, 1975)|lt=L'Agression}}''<br />
| Sarah<br />
| [[Gérard Pirès]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Lovers Like Us]]''<br />
| Nelly<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Hustle (1975 film)|Hustle]]''<br />
| Nicole Britton<br />
| [[Robert Aldrich]]<br />
| <br />
|-<br />
| 1976<br />
| ''[[If I Had to Do It All Over Again]]''<br />
| Catherine Berger<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Anima persa]]''<br />
| Sofia Stolz<br />
| [[Dino Risi]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[March or Die (film)|March or Die]]''<br />
| Simone Picard<br />
| [[Dick Richards]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Beach House (film)|Beach House]]''<br />
| La donna del sogno<br />
| [[Sergio Citti]]<br />
| <br />
|-<br />
| 1978<br />
| ''[[L'Argent des autres]]''<br />
| Cécile Rainier<br />
| [[Christian de Chalonge]]<br />
| <br />
|-<br />
| 1979<br />
| ''{{Interlanguage link multi|Ils sont grands, ces petits|fr}}''<br />
| Louise Mouchin<br />
| [[Joël Santoni]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Us Two (film)|Us Two]]''<br />
| Françoise<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Courage - Let's Run]]''<br />
| Eva<br />
| [[Yves Robert]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Écoute voir]]''<br />
| Claude Alphand<br />
| [[Hugo Santiago]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[The Last Metro]]''<br />
| Marion Steiner<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[Je vous aime]]''<br />
| Alice<br />
| [[Claude Berri]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Le Choix des armes]]''<br />
| Nicole Durieux<br />
| [[Alain Corneau]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Hotel America]]''<br />
| Hélène<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1982<br />
| ''[[Le choc]]''<br />
| Claire<br />
| [[Robin Davis (director)|Robin Davis]]<br />
|<br />
|-<br />
| 1983<br />
| ''{{Interlanguage link multi|L'Africain (film)|fr|3=L'Africain (film)|lt=L'Africain}}''<br />
| Charlotte<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1983<br />
| ''[[The Hunger (1983 film)|The Hunger]]''<br />
| Miriam Blaylock<br />
| [[Tony Scott]]<br />
|<br />
|-<br />
| 1984<br />
| ''[[Le Bon Plaisir]]''<br />
| Claire Després<br />
| [[Francis Girod]]<br />
| <br />
|-<br />
| 1984<br />
| ''[[Fort Saganne]]''<br />
| Louise<br />
| [[Alain Corneau]]<br />
|<br />
|-<br />
| 1984<br />
| ''{{Interlanguage link multi|Paroles et Musique|fr|3=Paroles et Musique (film)|lt=Paroles et Musique}}''<br />
| Margaux<br />
| [[Élie Chouraqui]]<br />
|<br />
|-<br />
| 1986<br />
| ''[[Speriamo che sia femmina]]''<br />
| Claudia<br />
| [[Mario Monicelli]]<br />
| <br />
|-<br />
| 1986<br />
| ''[[Scene of the Crime (1986 film)|Scene of the Crime]]''<br />
| Lili Ravenel<br />
| [[André Téchiné]]<br />
|<br />
|-<br />
| 1987<br />
| ''[[Agent trouble]]''<br />
| Amanda Weber<br />
| [[Jean-Pierre Mocky]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[Fréquence meurtre]]''<br />
| Jeanne Quester<br />
| [[Élisabeth Rappeneau]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[A Strange Place to Meet]]''<br />
| France<br />
| [[François Dupeyron]]<br />
| <br />
|-<br />
| 1991<br />
| ''{{Interlanguage link multi|La Reine blanche|fr}}''<br />
| Liliane Ripoche<br />
| [[Jean-Loup Hubert]]<br />
| <br />
|-<br />
| 1992<br />
| ''[[Indochine (film)|Indochine]]''<br />
| Eliane<br />
| [[Régis Wargnier]]<br />
| <br />
|-<br />
| 1993<br />
| ''[[My Favorite Season]]''<br />
| Emilie<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1994<br />
| ''{{Interlanguage link multi|La Partie d'échecs|fr}}''<br />
| Marquise<br />
| {{ill|Yves Hanchar|fr}}<br />
| <br />
|-<br />
| 1995<br />
| ''[[One Hundred and One Nights]]''<br />
| The star-fantasy<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1995<br />
| ''[[The Convent (film)|The Convent]]''<br />
| Hélène<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 1996<br />
| ''[[Thieves (1996 film)|Thieves]]''<br />
| Marie Leblanc<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1996<br />
| ''Court toujours: L'inconnu''<br />
| Marianne<br />
| [[Ismaël Ferroukhi]]<br />
| Short film<br />
|-<br />
| 1997<br />
| ''[[Genealogies of a Crime]]''<br />
| Jeanne / Solange<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1997<br />
| ''Sans titre''<br />
|<br />
| [[Leos Carax]]<br />
| Short film<br />
|-<br />
| 1998<br />
| ''[[Place Vendôme (film)|Place Vendôme]]''<br />
| Marianne Malivert<br />
| [[Nicole Garcia]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Le vent de la nuit]]''<br />
| Hélène<br />
| [[Philippe Garrel]]<br />
| English title: ''Night Wind''<br />
|-<br />
| 1999<br />
| ''[[Belle maman]]''<br />
| Léa<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Pola X]]''<br />
| Marie<br />
| [[Leos Carax]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Time Regained (film)|Time Regained]]''<br />
| Odette de Crecy<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[East/West]]''<br />
| Gabrielle Develay<br />
| [[Régis Wargnier]]<br />
|<br />
|-<br />
| 2000<br />
| ''[[Dancer in the Dark]]''<br />
| Kathy<br />
| [[Lars von Trier]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[I'm Going Home (film)|I'm Going Home]]''<br />
| Marguerite<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[Absolument fabuleux]]''<br />
| A spectator of the parade (cameo)<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[The Musketeer]]''<br />
| The Queen<br />
| [[Peter Hyams]]<br />
| <br />
|-<br />
| 2001<br />
| ''Le petit poucet''<br />
| The Queen<br />
| [[Olivier Dahan]]<br />
| <br />
|-<br />
| 2002<br />
| ''[[8 Women]]''<br />
| Gaby<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2002<br />
| ''Au plus près du paradis''<br />
| Fanette<br />
| [[Tonie Marshall]]<br />
| <br />
|-<br />
| 2003<br />
| ''[[Les Liaisons dangereuses (TV miniseries)|Les Liaisons dangereuses]]''<br />
| Marquise Isabelle de Merteuil<br />
| <br />
| [[Miniseries]]<br />
|-<br />
| 2003<br />
| ''[[A Talking Picture]]''<br />
| Delfina<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[:fr:Princesse Marie|Princesse Marie]]''<br />
| [[Princess Marie Bonaparte]]<br />
| [[Benoît Jacquot]]<br />
| [[Television film]]<br />
|-<br />
| 2004<br />
| ''[[Kings and Queen]]''<br />
| Mme Vasset<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[Changing Times (film)|Changing Times]]''<br />
| Cécile<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2005<br />
| ''Palais royal!''<br />
| Eugénia<br />
| [[Valérie Lemercier]]<br />
| <br />
|-<br />
| 2006<br />
| ''{{Interlanguage link multi|The Stone Council|fr|3=Le Concile de pierre (film)|lt=Le concile de pierre}}''<br />
| Sybille Weber<br />
| [[Guillaume Nicloux]]<br />
| <br />
|-<br />
| 2006<br />
| ''[[Nip/Tuck]]''<br />
| Diana Lubey<br />
| [[Ryan Murphy (writer)|Ryan Murphy]]<br />
| Episode: "Diana Lubey"<br />
|-<br />
| 2006<br />
| ''Le héros de la famille''<br />
| Alice Mirmont<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2007<br />
| ''Après lui''<br />
| Camille<br />
| [[Gaël Morel]]<br />
| <br />
|-<br />
| 2007<br />
| ''[[Persepolis (film)|Persepolis]]''<br />
| Taji Satrapi, Marjane's mother (voice)<br />
| [[Marjane Satrapi]]<br>[[Vincent Paronnaud]]<br />
| <br />
|-<br />
| 2007<br />
| ''Pouvoir et séduction''<br />
| Elegant Lady<br />
| {{ill|Maria von Heland|de}}<br />
| Television film<br />
|-<br />
| 2008<br />
| ''[[A Christmas Tale]]''<br />
| Junon Vuillard<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2008<br />
| ''Je veux voir''<br />
| The famous actress<br />
| [[Joana Hadjithomas]]<br>[[Khalil Joreige]]<br />
| <br />
|-<br />
| 2008<br />
| ''Mes stars et moi''<br />
| Solange Duvivier<br />
| {{ill|Laetitia Colombani|fr}}<br />
| <br />
|-<br />
| 2009<br />
| ''Cyprien''<br />
| Vivianne Wagner<br />
| {{ill|David Charhon|fr}}<br />
|<br />
|-<br />
| 2009<br />
| ''[[The Girl on the Train (2009 film)|The Girl on the Train]]''<br />
| Louise<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Park Benches]]''<br />
| The client to the cupboard<br />
| [[Bruno Podalydès]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Hidden Diary]]''<br />
| Martine<br />
| [[Julie Lopes-Curval]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[Potiche]]''<br />
| Suzanne Pujol<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[The Big Picture (2010 film)|The Big Picture]]''<br />
| Anne<br />
| {{ill|Eric Lartigau|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''Les yeux de sa mère''<br />
| Lena Weber<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''[[The Beloved (2011 film)|The Beloved]]''<br />
| Madeleine<br />
| [[Christophe Honoré]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Lines of Wellington]]''<br />
| Severina<br />
| [[Valeria Sarmiento]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[God Loves Caviar]]''<br />
| Empress Catherine II of Russia<br />
| [[Yannis Smaragdis]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Asterix and Obelix: God Save Britannia]]''<br />
| Queen Cordelia<br />
| [[Laurent Tirard]]<br />
| <br />
|-<br />
| 2013<br />
| ''[[On My Way (film)|On My Way]]''<br />
| Bettie<br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Courtyard]]''<br />
| Mathilde<br />
| [[Pierre Salvadori]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[Three Hearts (film)|Three Hearts]]''<br />
| The mother <br />
| [[Benoît Jacquot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Name of My Daughter]]''<br />
| Renée Le Roux<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[The Brand New Testament]]''<br />
| Martine <br />
| [[Jaco Van Dormael]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[Standing Tall (film)|Standing Tall]]''<br />
| Florence Blaque <br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2016<br />
| ''[[Le Cancre]]''<br />
| Marguerite<br />
| [[Paul Vecchiali]]<br />
|<br />
|-<br />
| 2017<br />
| ''[[The Midwife]]''<br />
| Béatrice Sobolevski<br />
| [[Martin Provost]]<br />
| <br />
|-<br />
| 2017<br />
| ''Belle à croquer''<br />
| The Angel<br />
| Axel Courtière<br />
| Short film<br />
|-<br />
| 2017<br />
| ''[[Bonne Pomme]]''<br />
| Barbara<br />
| [[Florence Quentin]]<br />
| <br />
|-<br />
| 2017<br />
| ''{{ill|Tout nous sépare|fr}}''<br />
| Louise Keller<br />
| {{ill|Thierry Klifa|fr}}<br />
|<br />
|-<br />
| 2017<br />
| ''Naissance d'une étoile''<br />
| Mlle Jean<br />
| James Bort<br />
| Short film<br />
|-<br />
| 2018<br />
| ''Le dernier vide-grenier de Claire Darling''<br />
|<br />
| {{ill|Julie Bertuccelli|fr}}<br />
| ''Post-production''<br />
|-<br />
| 2018<br />
| ''Mauvaises herbes''<br />
| Monique<br />
| [[Kheiron]]<br />
| ''Post-production''<br />
|}<br />
<br />
==Discography==<br />
* 1980:<br />
** ''Dieu fumeur de havanes'' – by and with [[Serge Gainsbourg]] (original film soundtrack ''[[Je vous aime]]'' by [[Claude Berri]])<br />
** ''Quand on s'aime'' – duet with [[Gérard Depardieu]], for a television programme<br />
* 1981: Her first and only album issued – ''Souviens-toi de m'oublier'' written by [[Serge Gainsbourg]]<br />
# Digital delay<br />
# Depression au-dessus du jardin<br />
# Epsilon<br />
# Monna Vanna et Miss Duncan<br />
# Marine bond tremolo<br />
# Ces petits riens (duet with Serge Gainsbourg) – original version performed by Gainsbourg and [[Juliette Gréco]] (1964)<br />
# Souviens-toi de m'oublier (duet with Serge Gainsbourg)<br />
# Overseas telegram<br />
# What tu dis qu'est-ce tu say<br />
# Oh Soliman<br />
# Alice helas<br />
* 1993: ''Paris Paris'' – by and with [[Malcolm McLaren]]<br />
* 1997: ''Allo maman bobo'' – by [[Alain Souchon]], during an evening with [[Les Enfoirés]] in 1997 with [[Alain Souchon]], [[Jean-Jacques Goldman]] and [[Laurent Voulzy]]<br />
* 1999: ''Joyeux anniversaire maman'' – by [[Stomy Bugsy]] (original film soundtrack ''[[Belle-maman]]'' by [[Gabriel Aghion]])<br />
* 2000: ''Cvalda'' – by and with [[Björk]] (original film soundtrack ''[[Dancer in the dark]]'' by [[Lars von Trier]])<br />
* 2001: ''Toi jamais'' – original film soundtrack ''[[Huit femmes (film)|Huit Femmes]]'' by [[François Ozon]] (original version performed by [[Sylvie Vartan]] en 1976)<br />
* 2006: ''[[Ho capito che ti amo]]'' – original film soundtrack ''[[Le héros de la famille]]'' by [[Thierry Klifa]]<br />
* 2010: ''C'est beau la vie'' by [[Jean Ferrat]] – original film soundtrack ''[[Potiche]]'' by [[François Ozon]]<br />
* 2011: ''Tout est si calme'' with [[Clara Couste]], [[Ludivine Sagnier]] and [[Chiara Mastroianni]], ''Une fille légère in duet'' with [[Chiara Mastroianni]], ''Je ne peux vivre sans t'aimer'' – original film soundtrack ''[[The Beloved (2011 film)|The Beloved]]'' by [[Christophe Honoré]]<br />
* Audiobooks for [[Éditions des Femmes]]:<br />
** ''[[Cendrillon]]'' by [[Charles Perrault]]<br />
** ''[[Bonjour tristesse]]'' by [[Françoise Sagan]]<br />
** ''[[Les Petits Chevaux de Tarquinia]]'' by [[Marguerite Duras]]<br />
** ''[[Les Paradis aveugles]]'' by [[Duong Thu Huong]]<br />
** ''[[La Marquise d'O]]'' by [[Heinrich Von Kleist]]<br />
** ''[[Lettres à un jeune poète]]'' by [[Rainer Maria Rilke]]<br />
** ''[[Lettres à ma mère]]'' by [[Sylvia Plath]]<br />
<br />
==Awards and nominations==<br />
<br />
===Academy Awards===<br />
{| class="wikitable" <br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1993 || [[Academy Award for Best Actress|Best Actress]] || ''[[Indochine (film)|Indochine]]'' || {{nom}}<br />
|}<br />
<br />
===BAFTA Awards===<br />
{| class="wikitable"<br />
|-<br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1969 || [[BAFTA Award for Best Actress in a Leading Role|Best Actress]] || ''[[Belle de Jour (film)|Belle de Jour]]'' || {{nom}}<br />
|}<br />
<br />
===César Awards===<br />
{| class="wikitable"<br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1976 || rowspan=9| [[César Award for Best Actress|Best Actress]] || ''[[Le Sauvage]]'' || {{nom}}<br />
|-<br />
|1981 || ''[[The Last Metro|Le Dernier métro]]'' || {{won}}<br />
|-<br />
|1982 || ''[[Hôtel des Amériques]]'' || {{nom}}<br />
|-<br />
|1988 || ''[[Agent trouble]]'' || {{nom}}<br />
|-<br />
|1989 || ''[[Drôle d'endroit pour une rencontre]]'' || {{nom}}<br />
|-<br />
|1993 || ''[[Indochine (film)|Indochine]]'' || {{won}}<br />
|-<br />
|1994 || ''[[Ma saison préférée]]'' || {{nom}}<br />
|-<br />
|1997 || ''[[Les Voleurs]]'' || {{nom}}<br />
|-<br />
|1999|| ''[[Place Vendôme (film)|Place Vendôme]]'' || {{nom}}<br />
|-<br />
|2006 || [[César Award for Best Supporting Actress|Best Supporting Actress]] || ''[[Palais Royal!]]'' || {{nom}}<br />
|-<br />
|2011 || rowspan=4|[[César Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|2014 || ''[[On My Way (film)|On My Way]]'' || {{nom}}<br />
|-<br />
|2015 || ''[[In the Courtyard]]'' || {{nom}}<br />
|-<br />
|2016 || ''[[La Tête haute]]'' || {{nom}}<br />
|}<br />
<br />
===Other Awards===<br />
{| class="wikitable" <br />
|-<br />
! Year<br />
! Group<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1965 || [[New York Film Critics Circle|NYFCC Award]] || [[New York Film Critics Circle Award for Best Actress|Best Actress]] || ''[[Repulsion (film)|Repulsion]]'' || {{draw|3rd Place}}<br />
|-<br />
|1976 || [[Bambi Award]] || Film International || ''[[Lovers Like Us]]'' || {{won}}<br />
|-<br />
|1981 || [[David di Donatello]] || [[David di Donatello for Best Foreign Actress|Best Foreign Actress]] || ''[[The Last Metro]]'' || {{won}}<br />
|-<br />
|1993 || [[Women in Film and Television International|WIFTI Award]] || [[Women in Film Crystal + Lucy Awards|Crystal Award]] – International || Herself || {{won}}<br />
|-<br />
|1994 || [[Goldene Kamera]] || Best International Actress || ''[[My Favorite Season]]'' || {{won}}<br />
|-<br />
|1995 || [[San Sebastián International Film Festival|San Sebastián IFF Award]] || [[Donostia Award]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|1997 || [[20th Moscow International Film Festival|Moscow IFF Award]] || Silver St. George<ref name="Moscow1997">{{cite web|url=http://www.moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |title=20th Moscow International Film Festival (1997) |accessdate=22 March 2013 |work=MIFF |deadurl=yes |archiveurl=https://web.archive.org/web/20130322163106/http://moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |archivedate=22 March 2013 |df=dmy }}</ref> || {{won}}<br />
|-<br />
|rowspan=2|1998 || [[Venice Film Festival|Venice FF Award]] || Volpi Cup – Best Actress || ''[[Place Vendôme]]'' || {{won}}<br />
|-<br />
|[[48th Berlin International Film Festival|Berlin IFF Award]]<ref name="Berlinale 1998">{{cite web |url=http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |title=Berlinale: 1998 Prize Winners |accessdate=21 January 2012 |work=berlinale.de |deadurl=no |archiveurl=https://web.archive.org/web/20131012072825/http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |archivedate=12 October 2013 |df=dmy-all }}</ref> || [[Golden Bear|Honorary Golden Bear]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|2000 || [[Art Film Fest|AFF Award]] || Actor's Mission Award || {{won}}<br />
|-<br />
|rowspan=4|2001 ||rowspan=3| Bambi Award || rowspan=3|Film International || ''[[East/West]]'' || rowspan=3 {{won}}<br />
|-<br />
|''[[I'm Going Home (film)|I'm Going Home]]''<br />
|-<br />
|''[[Dancer in the Dark]]'' <br />
|-<br />
|[[Satellite Award]] || Best Supporting Actress – Drama || ''Dancer in the Dark'' || {{nom}}<br />
|-<br />
|rowspan=2|2002 || Berlin IFF Award || [[Silver Berlin Bear]] || rowspan=2|''[[8 Women]]'' <br><small> (shared with cast)</small> || {{won}}<br />
|-<br />
|[[European Film Award|EFA Award]] || Best Actress || {{won}}<br />
|-<br />
|2005 || [[Cannes Film Festival|Cannes IFF Award]] || Palme d'Or d'honneur || rowspan=4|Herself || {{won}}<br />
|-<br />
|rowspan=2|2006 || [[Bangkok International Film Festival|Bangkok IFF Award]] || [[Golden Kinnaree Award]] || {{won}}<br />
|-<br />
|[[Istanbul International Film Festival|Istanbul IFF Award]] || Cinema Honorary Award || {{won}}<br />
|-<br />
|rowspan=2|2008 || Cannes IFF Award || Special Jury Award <small>(shared with [[Clint Eastwood]])</small> || {{won}}<br />
|-<br />
|Satellite Award || [[Satellite Award for Best Actress – Motion Picture|Best Actress – Motion Picture]] || rowspan=2|''[[A Christmas Tale]]''|| {{nom}}<br />
|-<br />
|2009 || [[Globes de Cristal Award]] || [[Globes de Cristal Award for Best Actress|Best Actress]] || {{nom}}<br />
|-<br />
|2011 || [[Lumières Award]] || [[Lumières Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|rowspan=3|2012 || [[Film Society of Lincoln Center|FSLC Award]] || [[Gala Tribute]] || Herself || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || ''[[The Beloved (2011 film)|The Beloved]]'' || {{nom}}<br />
|-<br />
|[[Manaki Brothers Film Festival|Manaki Brothers FF Award]] || Special Golden Camera 300 || Herself || {{won}}<br />
|-<br />
|rowspan=2|2013 || [[Cabourg Film Festival]] || Coup de Cœur || rowspan=2|''[[On My Way (film)|On My Way]]'' || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || {{nom}}<br />
|-<br />
|2015 || [[Filmfest Hamburg]] || [[Filmfest Hamburg#Douglas-Sirk-Award|Douglas-Sirk-Award]] || Herself || {{won}}<br />
|-<br />
|2018 || Globes de Cristal Award || Best Actress || ''[[The Midwife]]'' || {{pending}}<br />
|}<br />
<br />
In 2000, a Golden Palm Star on the [[Palm Springs, California]], [[Palm Springs Walk of Stars|Walk of Stars]] was dedicated to her.<ref>{{cite web|url=http://www.palmspringswalkofstars.com/web-storage/Stars/Stars+dedicated+by+date.pdf|title=Wayback Machine|author=|date=13 October 2012|website=archive.org|accessdate=8 May 2018|deadurl=bot: unknown|archiveurl=https://web.archive.org/web/20121013165655/http://www.palmspringswalkofstars.com/web-storage/Stars/Stars%20dedicated%20by%20date.pdf|archivedate=13 October 2012|df=dmy-all}}</ref> In 2013, she was honoured for her lifetime achievement at the [[26th European Film Awards]].<ref>{{cite web|url=http://www.europeanfilmawards.eu/en_EN/efanight/winners |title=Winners 2013 |work=[[European Film Awards]] |publisher=European Film Academy |accessdate=9 December 2013}}</ref> In 2015, she received the Lifetime Achievement Golden Orange Award from [[International Antalya Film Festival]], Turkey.<br />
<br />
==See also==<br />
* [[Cinema of France]]<br />
* [[History of cinema]]<br />
<br />
==References==<br />
{{reflist|30em}}<br />
<br />
==External links==<br />
{{Commons category}}<br />
* {{IMDb name}}<br />
* {{AllMovie name}}<br />
* [http://filmsdefrance.com/FDF_cdeneuve.html Catherine Deneuve] at filmsdefrance.com<br />
* {{Charlie Rose view|17546}}<br />
* {{NYTtopic|people/d/catherine_deneuve}}<br />
* [http://film.guardian.co.uk/interview/interviewpages/0,,1577158,00.html Catherine Deneuve interview] (21 September 2005)<br />
<br />
{{Navboxes<br />
|title = Awards for Catherine Deneuve<br />
|list =<br />
{{César Award for Best Actress}}<br />
{{David di Donatello for Best Foreign Actress}}<br />
{{European Film Award for Best Actress}}<br />
{{European Film Academy Lifetime Achievement Award}}<br />
{{Lincoln Center Gala Tribute}}<br />
{{Volpi Cup for Best Actress}}<br />
}}<br />
{{Chanel}}<br />
{{César Awards presidents}}<br />
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{{Authority control}}<br />
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{{DEFAULTSORT:Deneuve, Catherine}}<br />
[[Category:Living people]]<br />
[[Category:1943 births]]<br />
[[Category:20th-century French actresses]]<br />
[[Category:21st-century French actresses]]<br />
[[Category:Best Actress César Award winners]]<br />
[[Category:Dorléac family]]<br />
[[Category:European Film Award for Best Actress winners]]<br />
[[Category:French activists]]<br />
[[Category:French women activists]]<br />
[[Category:French Roman Catholics]]<br />
[[Category:French film actresses]]<br />
[[Category:People from Paris]]<br />
[[Category:French humanitarians]]<br />
[[Category:French television actresses]]<br />
[[Category:French anti–death penalty activists]]<br />
[[Category:Recipients of the Order of Agricultural Merit]]<br />
[[Category:Volpi Cup winners]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Catherine_Deneuve&diff=886909394Catherine Deneuve2019-03-09T09:42:55Z<p>114.249.43.146: </p>
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<div>{{Redirect|Deneuve|the magazine formerly published with this name|Curve (magazine)|the fictional detective|L (Death Note)}}<br />
{{Use dmy dates|date=August 2017}}<br />
{{Infobox person<br />
| name = Catherine Deneuve<br />
| image = Catherine Deneuve 1995.jpg<br />
| caption = Catherine Deneuve in 1995<br />
| birth_name = Catherine Fabienne Dorléac<br />
| birth_date = {{Birth date and age|df=yes|1943|10|22}}<br />
| birth_place = [[Paris]], [[German military administration in occupied France during World War II|German-occupied France]]<br />
| occupation = Actress, model, singer, film producer<br />
| years_active = from 1956<br />
| parents = [[Maurice Dorléac]]<br>[[Renée Simonot]]<br />
| relations = [[Françoise Dorléac]] (sister)<br />
| spouse = {{marriage|[[David Bailey]]<br>|1965|1972|reason=divorced}}<br />
| partner = [[Roger Vadim]] (1961–1964)<br>[[Marcello Mastroianni]] (1971–1975)<br>[[Hugh Johnson (cinematographer)|Hugh Johnson]] (1982–1983)<br>[[Pierre Lescure]] (1984–1991)<br />
| children = [[Christian Vadim]]<br>[[Chiara Mastroianni]]<br />
}}<br />
<br />
'''Catherine Fabienne Dorléac''' (born 22 October 1943), known professionally as '''Catherine Deneuve''' ({{IPA-fr|katʁin dənœv|lang}}), is a French actress as well as an occasional singer, model and producer. She gained recognition for her portrayal of icy, aloof and mysterious beauties for various directors, including [[Luis Buñuel]], [[François Truffaut]] and [[Roman Polanski]].<ref name=answers>[http://www.britannica.com/biography/Catherine-Deneuve Catherine Deneuve Biography] {{webarchive|url=https://web.archive.org/web/20160604132115/http://www.britannica.com/biography/Catherine-Deneuve |date=4 June 2016 }}. Britannica Concise Encyclopedia.</ref> In 1985, she succeeded [[Mireille Mathieu]] as the official face of [[Marianne]], France's national symbol of liberty. A 14-time [[César Award]] nominee, she won for her performances in Truffaut's ''[[The Last Metro]]'' (1980), for which she also won the [[David di Donatello]] for Best Foreign Actress, and [[Régis Wargnier]]'s ''[[Indochine (film)|Indochine]]'' (1992). She is also noted for her support for a variety of [[Liberalism|liberal causes]] and sometimes controversial statements.<br />
<br />
Deneuve made her film debut in 1957 and first came to prominence in [[Jacques Demy]]'s 1964 musical ''[[The Umbrellas of Cherbourg]]'', before going on to star for Polanski in ''[[Repulsion (film)|Repulsion]]'' (1965) and for Buñuel in ''[[Belle de Jour (film)|Belle de Jour]]'' (1967) and ''[[Tristana (film)|Tristana]]'' (1970). She was nominated for the [[BAFTA Award for Best Actress in a Leading Role|BAFTA Award for Best Actress]] for ''Belle de Jour'', and the [[Academy Award for Best Actress]] for ''Indochine''. She also won the 1998 [[Volpi Cup for Best Actress]] at the [[Venice Film Festival]] for ''[[Place Vendôme (film)|Place Vendôme]]''. Her English-language films include ''[[The April Fools]]'' (1969), ''[[Hustle (1975 film)|Hustle]]'' (1975), ''[[The Hunger (1983 film)|The Hunger]]'' (1983) and ''[[Dancer in the Dark]]'' (2000).<br />
<br />
==Early life==<br />
Deneuve was born Catherine Fabienne Dorléac in [[Paris]], the daughter of French stage actors [[Maurice Dorléac]] and [[Renée Simonot]]. Deneuve has two sisters, [[Françoise Dorléac]] (1942–1967) and Sylvie Dorléac (born 14 December 1946),<ref name="Yahoo! Movies">[https://movies.yahoo.com/movie/contributor/1800021971 Catherine Deneuve] {{webarchive|url=https://web.archive.org/web/20111110202621/http://movies.yahoo.com/movie/contributor/1800021971 |date=10 November 2011 }} at Yahoo! Movies</ref> as well as a maternal half-sister, Danielle, whom their mother had out of wedlock in 1937 with [[Aimé Clariond]], but who was later adopted by Maurice and took his surname. Deneuve was her mother's maiden name, which she chose for her stage name, in order to differentiate herself from her sisters. Deneuve attended Catholic schools.<ref>[http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm "The Los Angeles Times Interview from 1992"] {{webarchive|url=https://web.archive.org/web/20160304053057/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm |date=4 March 2016 }} Tout Sur Deneuve</ref><br />
<br />
==Film career==<br />
Deneuve made her film debut with a small role in [[André Hunebelle]]'s ''[[:fr:Les Collégiennes|Les Collégiennes]]'' (1957) with her younger sister Sylvie Dorléac who, like their older half-sister Danielle, was an occasional child actress.<ref name="filmcomment">{{cite web|title= Catherine Deneuve interviewed by Arnaud Despelchin|publisher= ''[[Film Comment]]'' magazine (November/December 2008 edition)|url= http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|deadurl= no|archiveurl= https://web.archive.org/web/20140116115532/http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|archivedate= 16 January 2014|df= dmy-all}}</ref> She subsequently appeared in several films for director [[Roger Vadim]] as well as in ''[[:fr:L'Homme à femmes (film, 1960)|L'Homme à femmes]]'' (1960), which caught the eye of [[Jacques Demy]], who cast Deneuve in his 1964 musical<br />
''[[Les Parapluies de Cherbourg]]'', the film that brought her to stardom.<ref name="filmcomment"/> Deneuve played the cold but erotic persona, for which she would be nicknamed the "ice maiden", in [[Roman Polanski]]'s horror classic ''[[Repulsion (film)|Repulsion]]'' (1965), reinforcing it in [[Luis Buñuel]]'s ''[[Belle de jour (film)|Belle de Jour]]'' (1967), and reaching a peak in ''[[Tristana (film)|Tristana]]'' (1970).<ref>{{cite news |title=Philip French's Screen Legends, The Observer Review, p.12 |date=1 February 2009 |url=https://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |location=London |work=The Guardian |deadurl=no |archiveurl=https://web.archive.org/web/20160308083920/http://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |archivedate=8 March 2016 |df=dmy-all }}</ref> Her work for Buñuel would be her most famous.<ref>{{Cite book | first = Maxine | last = Block |author2=Anna Herthe Rothe |author3=Marjorie Dent Candee |author4=Charles Moritz | publisher=H.W. Wilson Co. | year = 1978 | title = Current Biography Yearbook | page = 98 | isbn = 978-99973-770-2-9| quote = Catherine Deneuve has also&nbsp;... been called the "ice maiden" because of the aloof and enigmatic personality she has glacially portrayed in such classic art films as Polanski's ''Repulsion''&nbsp;... <br />
}}</ref><ref>{{Cite news|first=Alice|last=Jones|url=http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|archive-url=https://web.archive.org/web/20081110073606/http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|dead-url=yes|archive-date=10 November 2008|title=Catherine the great: Deneuve's five finest roles|work=The Independent|date=7 March 2007|accessdate=10 September 2008|quote = The first and most chilling of Deneuve's classic ice-maiden roles." "Deneuve's best-known role.}} </ref><br />
<br />
Further prominent films from this early time in her career included [[Jean-Paul Rappeneau]]'s ''[[A Matter of Resistance]]'' (1966), Demy's musical ''[[The Young Girls of Rochefort|Les Demoiselles de Rochefort]]'' (1967) and [[François Truffaut]]'s romantic thriller ''[[Mississippi Mermaid]]'' (1969). Deneuve remained active in European films during the 1960s and 1970s, though she limited her appearances in American films of the period to ''[[The April Fools]]'' (1969), a romantic comedy with [[Jack Lemmon]], and ''[[Hustle (1975 film)|Hustle]]'' (1975), a crime drama with [[Burt Reynolds]]. Her starring roles at the time were featured in such films as ''[[A Slightly Pregnant Man]]'' (1973) with [[Marcello Mastroianni]] and ''[[Le Sauvage]]'' (1975) with [[Yves Montand]].<br />
<br />
[[Image:MJK34539 Catherine Deneuve (Sage Femme, Berlinale 2017).jpg|thumb|Catherine Deneuve at the [[67th Berlin International Film Festival|2017 Berlin Film Festival]]]]<br />
In the 1980s, Deneuve's films included [[François Truffaut]]'s ''[[Le Dernier métro (film)|Le Dernier métro]]'' (1980), for which she won the [[César Award for Best Actress]], and [[Tony Scott]]'s ''[[The Hunger (1983 film)|The Hunger]]'' (1983) as a bisexual vampire, co-starring with [[David Bowie]] and [[Susan Sarandon]], a role which brought her a significant lesbian and cult following, mostly among the gothic subculture.<ref>{{Cite news|first=Matthew |last=Sweet |title=My lips are sealed&nbsp;... In her new film, 8 Women, the French icon Catherine Deneuve shares a kiss with her co-star Fanny Ardant. It's not her favourite part of the movie, she tells Matthew Sweet |work=The Independent |location=UK |date=29 November 2002 |url=http://www.highbeam.com/doc/1G1-94716710.html |quote=she cackles with delight when I ask her if the scene has pleased her army of lesbian fans&nbsp;... She acquired this following Tony Scott's vampire flick "The Hunger" (1983), in which she played a fanged seductress&nbsp;... who took her sweet time getting to Susan Sarandon's jugular&nbsp;... |deadurl=yes |archiveurl=https://web.archive.org/web/20070602200046/http://www.highbeam.com/doc/1G1-94716710.html |archivedate=2 June 2007 }} {{subscription required}}</ref> She made her debut film as a producer in 1988, ''[[A Strange Place to Meet|Drôle d'endroit pour une rencontre]]'', alongside frequent co-star [[Gerard Depardieu]].<br />
<br />
In the early 1990s, Deneuve's more significant roles included 1992's ''[[Indochine (film)|Indochine]]'' opposite [[Vincent Perez]], for which she was nominated for an [[Academy Award for Best Actress]] and won a second César Award for Best Actress; and [[André Téchiné]]'s two movies, ''[[Ma saison préférée]]'' (1993) and ''[[Les Voleurs]]'' (1996). In 1997, Deneuve was the protagonist in the music video for the song ''N'Oubliez Jamais'' sung by [[Joe Cocker]]. In 1998 she won acclaim and the [[Volpi Cup]] at the [[Venice Film Festival]] for her performance in ''[[Place Vendôme (film)|Place Vendôme]]''. In the late 1990s, Deneuve continued to appear in a large number of films such as 1999's five films ''[[East/West|Est-Ouest]]'', ''[[Time Regained (film)|Le temps retrouvé]]'', ''[[Pola X]]'', ''[[Belle maman]]'', and ''[[:fr:Le Vent de la nuit (film)|Le Vent de la nuit]]''.<br />
<br />
In 2000, Deneuve's part in [[Lars von Trier]]'s musical drama ''[[Dancer in the Dark (film)|Dancer in the Dark]]'' alongside Icelandic singer [[Björk]] was subject to considerable critical scrutiny. The film was selected for the [[Palme d'Or]] at the Cannes Film Festival. She made another foray into Hollywood the following year, starring in ''[[The Musketeer]]'' (2001) for [[Peter Hyams]]. In 2002, she shared the Silver Bear Award for Best Ensemble Cast at the [[Berlin International Film Festival]] for her performance in ''[[8 Women]]''. In 2005, Deneuve published her diary ''A l'ombre de moi-meme'' ("In My Own Shadow", published in English as ''Close Up and Personal: The Private Diaries of Catherine Deneuve''); in it she writes about her experiences shooting the films ''[[Indochine (film)|Indochine]]'' and ''[[Dancer in the Dark (film)|Dancer in the Dark]]''. She also provided the [[voice acting|voice role]] of [[Marjane Satrapi]]'s mother in Satrapi's animated autobiographical film ''[[Persepolis (film)|Persepolis]]'' (2007), based on the graphic novel of the [[Persepolis (comics)|same name]]. In 2008, she appeared in her 100th film, ''[[A Christmas Tale|Un conte de Noël]]''.<ref>{{cite news |url=http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |title=Seven decades of era-defining glamour from Cannes |date=21 May 2014 |publisher=CNN |deadurl=no |archiveurl=https://web.archive.org/web/20160513063448/http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |archivedate=13 May 2016 |df=dmy-all }}</ref><br />
<br />
Deneuve's recent work includes ''[[Potiche]]'' (2010) with frequent co-star Depardieu, ''[[The Beloved (2011 film)|Les Bien-aimés]]'' (2012), alongside former co-stars [[Ludivine Sagnier]] and [[Chiara Mastroianni]], the popular French adventure comedy ''[[Asterix and Obelix: God Save Britannia]]'' (2012) with [[Gerard Depardieu]] and [[Valérie Lemercier]], screenwriter and director [[Emmanuelle Bercot]]'s ''[[On My Way (film)|On My Way]]'' (2013), [[Palme D'or]] winning writer/director [[Pierre Salvadori]]'s comedy drama ''[[In the Courtyard]]'' (2014), and [[André Téchiné]]'s drama ''[[In the Name of My Daughter]]'' (2014). In 2017, she co-starred alongside [[Catherine Frot]], in writer/director [[Martin Provost]]'s French drama ''[[The Midwife]]'', which has been acquired by [[Music Box Films]] for a summer 2017 distribution in the United States.<ref>{{cite news|url=https://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|title=Catherine Deneuve's 'The Midwife' Lands at Music Box|date=3 May 2017|publisher=Variety|deadurl=no|archiveurl=https://web.archive.org/web/20170816064150/http://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|archivedate=16 August 2017|df=dmy-all}}</ref><ref>{{cite news|url=http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|title=Music Box Delivering 'The Midwife'|date=4 May 2017|publisher=Deadline|deadurl=no|archiveurl=https://web.archive.org/web/20170506071929/http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|archivedate=6 May 2017|df=dmy-all}}</ref><br />
<br />
==Career outside film==<br />
<br />
===Modeling===<br />
[[File:Catherine Deneuve 1999.jpg|thumb|upright|Deneuve in 1999]]<br />
Deneuve appeared nude in two ''[[Playboy]]'' pictorials in 1963 and 1965.<ref name="Lisanti2001">{{cite book|author=Tom Lisanti|title=Fantasy Femmes of Sixties Cinema: Interviews with 20 Actresses from Biker, Beach, and Elvis Movies|url=https://books.google.com/books?id=2_E6M3LEGP4C&pg=PA12|year=2001|publisher=McFarland|isbn=978-0-7864-0868-9|pages=12–}}</ref> Her image was used to represent [[Marianne]], the national symbol of France, from 1985 to 1989.{{cn|date=January 2018}} As the face of [[Chanel No. 5]] in the late 1970s, she caused sales of the perfume to soar in the United States{{spaced ndash}}so much so that the American press, captivated by her charm, nominated her as the world's most elegant woman.<ref name=brandhot>{{cite web |url=http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |title=Chanel ad campaign, USA 1975 |publisher=Brandhot.de |date=22 February 1999 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110228131540/http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |archivedate=28 February 2011 |df=dmy-all }}</ref> In 1983, American Home Products retained her to represent their cosmetics line and hired world-renowned photographer [[Richard Avedon]] to promote its line of ''Youth Garde'' cosmetics, for which she famously proclaimed, "Look closely. Next year I will be 40."<br />
<br />
She is considered the muse of designer [[Yves Saint Laurent (designer)|Yves Saint Laurent]]; he dressed her in the films, ''[[Belle de jour (film)|Belle de Jour]]'', ''[[La Chamade (film)|La Chamade]]'', ''[[Mississippi Mermaid|La sirène du {{sic|hide=y|Mississipi}}]]'', ''[[Un flic]]'', ''[[Liza (1972 film)|Liza]]'' and ''[[The Hunger (1983 film)|The Hunger]]''. In 1992, she became a model for his skincare line.<br />
In 2001, she was chosen as the new face of [[L'Oréal Paris]]. In 2006, Deneuve became the third inspiration for the M•A•C Beauty Icon series and collaborated on the colour collection that became available at M•A•C locations worldwide in February that year. Deneuve began appearing in the new [[Louis Vuitton]] luggage advertisements in 2007. Deneuve was listed as one of the fifty best-dressed over 50s by the ''Guardian'' in March 2013.<ref>{{cite news|title=The 50 best-dressed over 50s|url=https://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|newspaper=The Guardian|location=London|first1=Jess|last1=Cartner-Morley|first2=Helen|last2=Mirren|first3=Arianna|last3=Huffington|first4=Valerie|last4=Amos|date=28 March 2013|deadurl=no|archiveurl=https://web.archive.org/web/20160420140223/http://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|archivedate=20 April 2016|df=dmy-all}}</ref> In July 2017, Deneuve appeared in a video campaign for [[Louis Vuitton]] entitled ''Connected Journeys'', celebrating the launch of the brand's Tambour Horizon smartwatch, which also featured celebrities, including [[Jennifer Connelly]], [[Bae Doona]], [[Jaden Smith]] and [[Miranda Kerr]].<ref>{{cite web|title=The First Louis Vuitton Smartwatch is here|url=http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|date=11 July 2017|work=[[Harper's Bazaar]]|accessdate=19 August 2017|deadurl=no|archiveurl=https://web.archive.org/web/20170818221805/http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|archivedate=18 August 2017|df=dmy-all}}</ref><br />
<br />
===Entrepreneurial===<br />
In 1986, Deneuve introduced her own perfume, ''Deneuve''.<ref>{{cite news| url=http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| title=French Film Star Deneuve Introduces Own Fragrance| accessdate=4 January 2014| work=Los Angeles Times| first=Timothy| last=Hawkins| date=11 April 1986| deadurl=no| archiveurl=http://archive.wikiwix.com/cache/20140105225915/http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| archivedate=5 January 2014| df=dmy-all}}</ref> She is also a designer of glasses, shoes, jewelry and greeting cards.{{citation needed|date=July 2013}}<br />
<br />
==Charities==<br />
* Deneuve was appointed [[UNESCO]] [[Goodwill Ambassador]] for the Safeguarding of Film Heritage in 1994 until her resignation on 12 November 2003.<br />
* Deneuve asked that the rights owed to her from her representation of Marianne be given to [[Amnesty International]].<ref name=politique>{{fr icon}}[http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm#int1 "Amnesty International et lutte contre la peine de mort"] {{webarchive|url=https://web.archive.org/web/20070703230838/http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm |date=3 July 2007 }} Tout sur Deneuve</ref><br />
* [[Louis Vuitton]] made a donation to [[The Climate Project]], spearheaded by [[Al Gore]], on behalf of Deneuve.<br />
* Deneuve is also involved with [[Children Action]], [[Children of Africa]], [[Orphelins Roumains]] and [[Reporters Without Borders]].<br />
* [[Pain Without Borders|Douleur sans frontiers]] (Pain Without Borders) – At the end of 2003, Deneuve recorded a radio commercial to encourage donations to fight against the pain in the world, notably for the victims of landmines.<ref name=galabio>{{cite web|url=http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |title=Catherine Deneuve Bio |language=fr |publisher=www.gala.fr |date= |accessdate=1 March 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20080903103813/http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |archivedate=3 September 2008 |df= }}</ref><br />
* [[Handicap International]] – In the middle of July 2005, Deneuve lent her voice to the message of radio commercials, TV and cinema, which denounced the use of the BASM (cluster bombs).<br />
* [[Voix de femmes pour la démocratie]] (Voice of women for democracy) – Deneuve read the text, "Le petit garçon", of [[Jean-Lou Dabadie]], on the entitled CD, "Voix de femmes pour la démocratie." The CD was sold for the benefit of the female victims of the war and the fundamentalisms that fight for democracy.<br />
* Deneuve has also been involved with various charities in the fight against AIDS and cancer.<ref name="galabio"/><br />
<br />
==Political involvement==<br />
[[File:Catherine Deneuve Césars 2011.jpg|thumb|upright|Deneuve at the [[36th César Awards|2011 César Awards]].]]<br />
* In 1972, Deneuve signed the [[Manifesto of the 343]]. The manifesto was an admission by its signers to have practiced illegal abortions and therefore exposed themselves to judicial actions and prison sentences. It was published in ''[[Le Nouvel Observateur]]'' on 5 April 1971. That same year, feminist lawyer [[Gisèle Halimi]] founded the group, Choisir ("To Choose"), to protect the women who had signed the Manifesto of the 343.<br />
* Deneuve is involved with Amnesty International's program to abolish the death penalty.<br />
* In 2001, Deneuve delivered a petition organized by the French-based group, "Together Against the death penalty", to the U.S. Embassy in Paris.<ref name="deathpentaly">{{Cite news | url = http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | title = French horrified by execution | publisher = BBC NEWS | date = 14 May 2001 | first = James | last = Coomarasamy | deadurl = no | archiveurl = https://web.archive.org/web/20160305045022/http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | archivedate = 5 March 2016 | df = dmy-all }}</ref><br />
* In April 2007, Deneuve signed a petition on the internet protesting against the "misogynous" treatment of socialist presidential candidate [[Ségolène Royal]]. More than 8,000 French men and women signed the petition, including French actress [[Jeanne Moreau]].<ref name=royal>{{Cite news|url=http://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_&quotmisogynous&quot_treatment_of_Royal |title=Thousands sign petition against "misogynous" treatment of Royal |work=Europe News on Monsters and Critics |publisher=Deutsche Presse-Agentur |date=12 April 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20140117024536/https://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_%26quotmisogynous%26quot_treatment_of_Royal |archivedate=17 January 2014 |df=dmy }}</ref><br />
* In January 2018, Deneuve signed an open letter denouncing women's right to publicly call out perpetrators of sexual harassment and assault, complaining that this had become a witch hunt, and that there can be no right for a woman to say "no" to a sexual proposition from a man, without the accompanying right for a man to first make such a proposition.<ref>{{cite web|url=https://www.bbc.com/news/world-europe-42687157|title=Deneuve apologises to sex assault victims|author=|date=8 May 2018|publisher=|accessdate=8 May 2018|via=www.bbc.com|deadurl=no|archiveurl=https://web.archive.org/web/20180318123424/http://www.bbc.com/news/world-europe-42687157|archivedate=18 March 2018|df=dmy-all}}</ref><br />
<br />
==Personal life==<br />
Deneuve speaks fluent French, Italian and English and has some knowledge of Spanish, though she does not speak the language fluently. Her hobbies and passions include gardening, drawing, photography, reading, music, cinema, fashion, antiques and decoration.<ref name="galabio"/><br />
<br />
Deneuve has been married once,<ref>{{cite web |author=Isabelle Vautier |url=http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |title=Tout sur Catherine Deneuve – Interview parue dans ''The Advocate'' (1995) |publisher=Toutsurdeneuve.free.fr |year=1955 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110720231501/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |archivedate=20 July 2011 |df=dmy-all }}</ref> to photographer [[David Bailey (photographer)|David Bailey]] from 1965 to 1972.<ref name="Yahoo! Movies"/> She has lived with director [[Roger Vadim]],<ref>{{cite news |author=Stephanie Bunbury |url=http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |title=Catherine Deneuve's Frosty Charm |publisher=''[[The Sydney Morning Herald]]'' |date=23 November 2013 |accessdate=23 November 2013 |deadurl=no |archiveurl=https://web.archive.org/web/20131123123224/http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |archivedate=23 November 2013 |df=dmy-all }}</ref> actor [[Marcello Mastroianni]],<ref name = "Yahoo! Movies"/> cinematographer [[Hugh Johnson (cinematographer)|Hugh Johnson]],<ref>{{cite book|author=John Cigarini|title=Johnny Cigarini: Confessions of a King's Road Cowboy|year=2014|publisher=Troubador Publishing Ltd|isbn=1-78462-806-9}}</ref> Spanish model and current television presenter Carlos Lozano,<ref>{{cite news |author=Jesus Manuel Ruiz |url=https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |title=El 'affaire' (hasta ahora desconocido) entre Carlos Lozano y Catherine Deneuve |publisher=''[[Vanitatis]]'' |date=10 March 2016 |accessdate=15 January 2018 |deadurl=no |archiveurl=https://web.archive.org/web/20180116135059/https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |archivedate=16 January 2018 |df=dmy-all }}</ref> and [[Canal+]] tycoon [[Pierre Lescure]].<ref name = "Yahoo! Movies"/><br />
<br />
Deneuve has two children: actor [[Christian Vadim]], from her relationship with Roger Vadim, and actress [[Chiara Mastroianni]], from her relationship with Marcello Mastroianni. She has five grandchildren.<ref name = "Yahoo! Movies"/><br />
<br />
Deneuve is close friends with the artist [[Fred Nall Hollis|Nall]] and owns some of his works.<ref>{{cite web|url=https://www.nytimes.com/2009/10/07/greathomesanddestinations/07gh-france.html|title=In France, an Artist’s Retreat}}</ref><br />
<br />
==Filmography==<br />
{| class="wikitable sortable"<br />
! Year<br />
! Title<br />
! Role<br />
! Director<br />
! class="unsortable" | Notes<br />
|-<br />
| 1957<br />
| ''Les Collégiennes''<br />
| Une grande<br />
| [[André Hunebelle]]<br />
| <br />
|-<br />
| 1960<br />
| ''{{Interlanguage link multi|L'Homme à femmes|fr|3=L'Homme à femmes (film, 1960)}}''<br />
| Catherine<br />
| {{ill|Jacques-Gérard Cornu|fr}}<br />
| <br />
|-<br />
| 1960<br />
| ''Les Portes claquent''<br />
| Dany<br />
| [[Michel Fermaud]]<br>[[Jacques Poitrenaud]]<br />
| <br />
|-<br />
| 1962<br />
| ''Les Parisiennes''<br />
| Sophie<br />
| [[Marc Allégret]]<br />
| <br />
|-<br />
| 1962<br />
| ''Ça c'est la vie''<br />
| <br />
| [[Claude Choublier]]<br />
| [[Short film]]<br />
|-<br />
| 1962<br />
| ''[[Et Satan conduit le bal]]''<br />
| Manuelle<br />
| Grisha Dabat<br />
| <br />
|-<br />
| 1963<br />
| ''[[Vice and Virtue]]''<br />
| Justine Morand<br />
| [[Roger Vadim]]<br />
| <br />
|-<br />
| 1963<br />
| ''[[Portuguese Vacation]]''<br />
| Catherine<br />
| [[Pierre Kast]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[The Umbrellas of Cherbourg]]''<br />
| Geneviève Emery<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Les Plus belles escroqueries du monde]]''<br />
| Swindler<br />
| [[Claude Chabrol]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[La Chasse à l'homme]]''<br />
| Denise<br />
| [[Édouard Molinaro]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Male Companion]]''<br />
| Isabelle<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1964<br />
| ''La Costanza della ragione''<br />
| Lori<br />
| [[Pasquale Festa Campanile]]<br />
| <br />
|-<br />
| 1965<br />
| ''Les Petits chats''<br />
| <br />
| {{ill|Jacques R. Villa|fr}}<br />
| <br />
|-<br />
| 1965<br />
| ''[[Repulsion (film)|Repulsion]]''<br />
| Carol<br />
| [[Roman Polanski]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Who Wants to Sleep?]]''<br />
| Angela Claasen<br />
| [[Rolf Thiele]]<br>[[Axel von Ambesser]]<br>[[Alfred Weidenmann]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Le Chant du monde (film)|Le Chant du monde]]''<br />
| Clara<br />
| [[Marcel Camus]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[A Matter of Resistance]]''<br />
| Marie<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[Les Créatures]]''<br />
| Mylène<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[The Young Girls of Rochefort]]''<br />
| Delphine Garnier<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[Belle de Jour (film)|Belle de Jour]]''<br />
| Séverine Serizy / Belle de Jour<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Benjamin (film)|Benjamin]]''<br />
| Anne de Clécy<br />
| [[Michel Deville]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Manon 70]]''<br />
| Manon<br />
| [[Jean Aurel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Mayerling (1968 film)|Mayerling]]''<br />
| Maria Vetsera<br />
| [[Terence Young (director)|Terence Young]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[La Chamade (film)|La Chamade]]''<br />
| Lucile<br />
| [[Alain Cavalier]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[The April Fools]]''<br />
| Catherine Gunther<br />
| [[Stuart Rosenberg]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[Mississippi Mermaid]]''<br />
| Julie Roussel / Marion Vergano<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1969<br />
| ''{{Interlanguage link multi|Tout peut arriver|fr|3=Tout peut arriver (film, 1969)|lt=Tout peut arriver}}''<br />
| Interviewee<br />
| [[Philippe Labro]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Tristana (film)|Tristana]]''<br />
| Tristana<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Peau d'Âne]]''<br />
| Princess / 'Donkey Skin'<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1971<br />
| ''[[It Only Happens to Others]]''<br />
| Catherine<br />
| [[Nadine Trintignant]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Liza (1972 film)|Liza]]''<br />
| Liza<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Un flic]]''<br />
| Cathy<br />
| [[Jean-Pierre Melville]]<br />
| <br />
|-<br />
| 1973<br />
| ''[[A Slightly Pregnant Man]]''<br />
| Irène de Fontenoy<br />
| [[Jacques Demy]]<br />
|<br />
|-<br />
| 1974<br />
| ''[[Don't Touch the White Woman!]]''<br />
| Marie-Hélène de Boismonfrais<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1974<br />
| ''[[Drama of the Rich]]''<br />
| Linda Murri<br />
| [[Mauro Bolognini]]<br />
| <br />
|-<br />
| 1974<br />
| ''{{Interlanguage link multi|La femme aux bottes rouges|fr|3=La femme aux bottes rouges}}''<br />
| Françoise LeRoi<br />
| [[Juan Luis Buñuel]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|Zig-Zig|fr}}''<br />
| Marie<br />
| [[László Szabó (actor)|László Szabó]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|L'Agression|fr|3=L'Agression (film, 1975)|lt=L'Agression}}''<br />
| Sarah<br />
| [[Gérard Pirès]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Lovers Like Us]]''<br />
| Nelly<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Hustle (1975 film)|Hustle]]''<br />
| Nicole Britton<br />
| [[Robert Aldrich]]<br />
| <br />
|-<br />
| 1976<br />
| ''[[If I Had to Do It All Over Again]]''<br />
| Catherine Berger<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Anima persa]]''<br />
| Sofia Stolz<br />
| [[Dino Risi]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[March or Die (film)|March or Die]]''<br />
| Simone Picard<br />
| [[Dick Richards]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Beach House (film)|Beach House]]''<br />
| La donna del sogno<br />
| [[Sergio Citti]]<br />
| <br />
|-<br />
| 1978<br />
| ''[[L'Argent des autres]]''<br />
| Cécile Rainier<br />
| [[Christian de Chalonge]]<br />
| <br />
|-<br />
| 1979<br />
| ''{{Interlanguage link multi|Ils sont grands, ces petits|fr}}''<br />
| Louise Mouchin<br />
| [[Joël Santoni]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Us Two (film)|Us Two]]''<br />
| Françoise<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Courage - Let's Run]]''<br />
| Eva<br />
| [[Yves Robert]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Écoute voir]]''<br />
| Claude Alphand<br />
| [[Hugo Santiago]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[The Last Metro]]''<br />
| Marion Steiner<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[Je vous aime]]''<br />
| Alice<br />
| [[Claude Berri]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Le Choix des armes]]''<br />
| Nicole Durieux<br />
| [[Alain Corneau]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Hotel America]]''<br />
| Hélène<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1982<br />
| ''[[Le choc]]''<br />
| Claire<br />
| [[Robin Davis (director)|Robin Davis]]<br />
|<br />
|-<br />
| 1983<br />
| ''{{Interlanguage link multi|L'Africain (film)|fr|3=L'Africain (film)|lt=L'Africain}}''<br />
| Charlotte<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1983<br />
| ''[[The Hunger (1983 film)|The Hunger]]''<br />
| Miriam Blaylock<br />
| [[Tony Scott]]<br />
|<br />
|-<br />
| 1984<br />
| ''[[Le Bon Plaisir]]''<br />
| Claire Després<br />
| [[Francis Girod]]<br />
| <br />
|-<br />
| 1984<br />
| ''[[Fort Saganne]]''<br />
| Louise<br />
| [[Alain Corneau]]<br />
|<br />
|-<br />
| 1984<br />
| ''{{Interlanguage link multi|Paroles et Musique|fr|3=Paroles et Musique (film)|lt=Paroles et Musique}}''<br />
| Margaux<br />
| [[Élie Chouraqui]]<br />
|<br />
|-<br />
| 1986<br />
| ''[[Speriamo che sia femmina]]''<br />
| Claudia<br />
| [[Mario Monicelli]]<br />
| <br />
|-<br />
| 1986<br />
| ''[[Scene of the Crime (1986 film)|Scene of the Crime]]''<br />
| Lili Ravenel<br />
| [[André Téchiné]]<br />
|<br />
|-<br />
| 1987<br />
| ''[[Agent trouble]]''<br />
| Amanda Weber<br />
| [[Jean-Pierre Mocky]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[Fréquence meurtre]]''<br />
| Jeanne Quester<br />
| [[Élisabeth Rappeneau]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[A Strange Place to Meet]]''<br />
| France<br />
| [[François Dupeyron]]<br />
| <br />
|-<br />
| 1991<br />
| ''{{Interlanguage link multi|La Reine blanche|fr}}''<br />
| Liliane Ripoche<br />
| [[Jean-Loup Hubert]]<br />
| <br />
|-<br />
| 1992<br />
| ''[[Indochine (film)|Indochine]]''<br />
| Eliane<br />
| [[Régis Wargnier]]<br />
| <br />
|-<br />
| 1993<br />
| ''[[My Favorite Season]]''<br />
| Emilie<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1994<br />
| ''{{Interlanguage link multi|La Partie d'échecs|fr}}''<br />
| Marquise<br />
| {{ill|Yves Hanchar|fr}}<br />
| <br />
|-<br />
| 1995<br />
| ''[[One Hundred and One Nights]]''<br />
| The star-fantasy<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1995<br />
| ''[[The Convent (film)|The Convent]]''<br />
| Hélène<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 1996<br />
| ''[[Thieves (1996 film)|Thieves]]''<br />
| Marie Leblanc<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1996<br />
| ''Court toujours: L'inconnu''<br />
| Marianne<br />
| [[Ismaël Ferroukhi]]<br />
| Short film<br />
|-<br />
| 1997<br />
| ''[[Genealogies of a Crime]]''<br />
| Jeanne / Solange<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1997<br />
| ''Sans titre''<br />
|<br />
| [[Leos Carax]]<br />
| Short film<br />
|-<br />
| 1998<br />
| ''[[Place Vendôme (film)|Place Vendôme]]''<br />
| Marianne Malivert<br />
| [[Nicole Garcia]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Le vent de la nuit]]''<br />
| Hélène<br />
| [[Philippe Garrel]]<br />
| English title: ''Night Wind''<br />
|-<br />
| 1999<br />
| ''[[Belle maman]]''<br />
| Léa<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Pola X]]''<br />
| Marie<br />
| [[Leos Carax]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Time Regained (film)|Time Regained]]''<br />
| Odette de Crecy<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[East/West]]''<br />
| Gabrielle Develay<br />
| [[Régis Wargnier]]<br />
|<br />
|-<br />
| 2000<br />
| ''[[Dancer in the Dark]]''<br />
| Kathy<br />
| [[Lars von Trier]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[I'm Going Home (film)|I'm Going Home]]''<br />
| Marguerite<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[Absolument fabuleux]]''<br />
| A spectator of the parade (cameo)<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[The Musketeer]]''<br />
| The Queen<br />
| [[Peter Hyams]]<br />
| <br />
|-<br />
| 2001<br />
| ''Le petit poucet''<br />
| The Queen<br />
| [[Olivier Dahan]]<br />
| <br />
|-<br />
| 2002<br />
| ''[[8 Women]]''<br />
| Gaby<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2002<br />
| ''Au plus près du paradis''<br />
| Fanette<br />
| [[Tonie Marshall]]<br />
| <br />
|-<br />
| 2003<br />
| ''[[Les Liaisons dangereuses (TV miniseries)|Les Liaisons dangereuses]]''<br />
| Marquise Isabelle de Merteuil<br />
| <br />
| [[Miniseries]]<br />
|-<br />
| 2003<br />
| ''[[A Talking Picture]]''<br />
| Delfina<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[:fr:Princesse Marie|Princesse Marie]]''<br />
| [[Princess Marie Bonaparte]]<br />
| [[Benoît Jacquot]]<br />
| [[Television film]]<br />
|-<br />
| 2004<br />
| ''[[Kings and Queen]]''<br />
| Mme Vasset<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[Changing Times (film)|Changing Times]]''<br />
| Cécile<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2005<br />
| ''Palais royal!''<br />
| Eugénia<br />
| [[Valérie Lemercier]]<br />
| <br />
|-<br />
| 2006<br />
| ''{{Interlanguage link multi|The Stone Council|fr|3=Le Concile de pierre (film)|lt=Le concile de pierre}}''<br />
| Sybille Weber<br />
| [[Guillaume Nicloux]]<br />
| <br />
|-<br />
| 2006<br />
| ''[[Nip/Tuck]]''<br />
| Diana Lubey<br />
| [[Ryan Murphy (writer)|Ryan Murphy]]<br />
| Episode: "Diana Lubey"<br />
|-<br />
| 2006<br />
| ''Le héros de la famille''<br />
| Alice Mirmont<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2007<br />
| ''Après lui''<br />
| Camille<br />
| [[Gaël Morel]]<br />
| <br />
|-<br />
| 2007<br />
| ''[[Persepolis (film)|Persepolis]]''<br />
| Taji Satrapi, Marjane's mother (voice)<br />
| [[Marjane Satrapi]]<br>[[Vincent Paronnaud]]<br />
| <br />
|-<br />
| 2007<br />
| ''Pouvoir et séduction''<br />
| Elegant Lady<br />
| {{ill|Maria von Heland|de}}<br />
| Television film<br />
|-<br />
| 2008<br />
| ''[[A Christmas Tale]]''<br />
| Junon Vuillard<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2008<br />
| ''Je veux voir''<br />
| The famous actress<br />
| [[Joana Hadjithomas]]<br>[[Khalil Joreige]]<br />
| <br />
|-<br />
| 2008<br />
| ''Mes stars et moi''<br />
| Solange Duvivier<br />
| {{ill|Laetitia Colombani|fr}}<br />
| <br />
|-<br />
| 2009<br />
| ''Cyprien''<br />
| Vivianne Wagner<br />
| {{ill|David Charhon|fr}}<br />
|<br />
|-<br />
| 2009<br />
| ''[[The Girl on the Train (2009 film)|The Girl on the Train]]''<br />
| Louise<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Park Benches]]''<br />
| The client to the cupboard<br />
| [[Bruno Podalydès]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Hidden Diary]]''<br />
| Martine<br />
| [[Julie Lopes-Curval]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[Potiche]]''<br />
| Suzanne Pujol<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[The Big Picture (2010 film)|The Big Picture]]''<br />
| Anne<br />
| {{ill|Eric Lartigau|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''Les yeux de sa mère''<br />
| Lena Weber<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''[[The Beloved (2011 film)|The Beloved]]''<br />
| Madeleine<br />
| [[Christophe Honoré]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Lines of Wellington]]''<br />
| Severina<br />
| [[Valeria Sarmiento]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[God Loves Caviar]]''<br />
| Empress Catherine II of Russia<br />
| [[Yannis Smaragdis]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Asterix and Obelix: God Save Britannia]]''<br />
| Queen Cordelia<br />
| [[Laurent Tirard]]<br />
| <br />
|-<br />
| 2013<br />
| ''[[On My Way (film)|On My Way]]''<br />
| Bettie<br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Courtyard]]''<br />
| Mathilde<br />
| [[Pierre Salvadori]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[Three Hearts (film)|Three Hearts]]''<br />
| The mother <br />
| [[Benoît Jacquot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Name of My Daughter]]''<br />
| Renée Le Roux<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[The Brand New Testament]]''<br />
| Martine <br />
| [[Jaco Van Dormael]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[Standing Tall (film)|Standing Tall]]''<br />
| Florence Blaque <br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2016<br />
| ''[[Le Cancre]]''<br />
| Marguerite<br />
| [[Paul Vecchiali]]<br />
|<br />
|-<br />
| 2017<br />
| ''[[The Midwife]]''<br />
| Béatrice Sobolevski<br />
| [[Martin Provost]]<br />
| <br />
|-<br />
| 2017<br />
| ''Belle à croquer''<br />
| The Angel<br />
| Axel Courtière<br />
| Short film<br />
|-<br />
| 2017<br />
| ''[[Bonne Pomme]]''<br />
| Barbara<br />
| [[Florence Quentin]]<br />
| <br />
|-<br />
| 2017<br />
| ''{{ill|Tout nous sépare|fr}}''<br />
| Louise Keller<br />
| {{ill|Thierry Klifa|fr}}<br />
|<br />
|-<br />
| 2017<br />
| ''Naissance d'une étoile''<br />
| Mlle Jean<br />
| James Bort<br />
| Short film<br />
|-<br />
| 2018<br />
| ''Le dernier vide-grenier de Claire Darling''<br />
|<br />
| {{ill|Julie Bertuccelli|fr}}<br />
| ''Post-production''<br />
|-<br />
| 2018<br />
| ''Mauvaises herbes''<br />
| Monique<br />
| [[Kheiron]]<br />
| ''Post-production''<br />
|}<br />
<br />
==Discography==<br />
* 1980:<br />
** ''Dieu fumeur de havanes'' – by and with [[Serge Gainsbourg]] (original film soundtrack ''[[Je vous aime]]'' by [[Claude Berri]])<br />
** ''Quand on s'aime'' – duet with [[Gérard Depardieu]], for a television programme<br />
* 1981: Her first and only album issued – ''Souviens-toi de m'oublier'' written by [[Serge Gainsbourg]]<br />
# Digital delay<br />
# Depression au-dessus du jardin<br />
# Epsilon<br />
# Monna Vanna et Miss Duncan<br />
# Marine bond tremolo<br />
# Ces petits riens (duet with Serge Gainsbourg) – original version performed by Gainsbourg and [[Juliette Gréco]] (1964)<br />
# Souviens-toi de m'oublier (duet with Serge Gainsbourg)<br />
# Overseas telegram<br />
# What tu dis qu'est-ce tu say<br />
# Oh Soliman<br />
# Alice helas<br />
* 1993: ''Paris Paris'' – by and with [[Malcolm McLaren]]<br />
* 1997: ''Allo maman bobo'' – by [[Alain Souchon]], during an evening with [[Les Enfoirés]] in 1997 with [[Alain Souchon]], [[Jean-Jacques Goldman]] and [[Laurent Voulzy]]<br />
* 1999: ''Joyeux anniversaire maman'' – by [[Stomy Bugsy]] (original film soundtrack ''[[Belle-maman]]'' by [[Gabriel Aghion]])<br />
* 2000: ''Cvalda'' – by and with [[Björk]] (original film soundtrack ''[[Dancer in the dark]]'' by [[Lars von Trier]])<br />
* 2001: ''Toi jamais'' – original film soundtrack ''[[Huit femmes (film)|Huit Femmes]]'' by [[François Ozon]] (original version performed by [[Sylvie Vartan]] en 1976)<br />
* 2006: ''[[Ho capito che ti amo]]'' – original film soundtrack ''[[Le héros de la famille]]'' by [[Thierry Klifa]]<br />
* 2010: ''C'est beau la vie'' by [[Jean Ferrat]] – original film soundtrack ''[[Potiche]]'' by [[François Ozon]]<br />
* 2011: ''Tout est si calme'' with [[Clara Couste]], [[Ludivine Sagnier]] and [[Chiara Mastroianni]], ''Une fille légère in duet'' with [[Chiara Mastroianni]], ''Je ne peux vivre sans t'aimer'' – original film soundtrack ''[[The Beloved (2011 film)|The Beloved]]'' by [[Christophe Honoré]]<br />
* Audiobooks for [[Éditions des Femmes]]:<br />
** ''[[Cendrillon]]'' by [[Charles Perrault]]<br />
** ''[[Bonjour tristesse]]'' by [[Françoise Sagan]]<br />
** ''[[Les Petits Chevaux de Tarquinia]]'' by [[Marguerite Duras]]<br />
** ''[[Les Paradis aveugles]]'' by [[Duong Thu Huong]]<br />
** ''[[La Marquise d'O]]'' by [[Heinrich Von Kleist]]<br />
** ''[[Lettres à un jeune poète]]'' by [[Rainer Maria Rilke]]<br />
** ''[[Lettres à ma mère]]'' by [[Sylvia Plath]]<br />
<br />
==Awards and nominations==<br />
<br />
===Academy Awards===<br />
{| class="wikitable" <br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1993 || [[Academy Award for Best Actress|Best Actress]] || ''[[Indochine (film)|Indochine]]'' || {{nom}}<br />
|}<br />
<br />
===BAFTA Awards===<br />
{| class="wikitable"<br />
|-<br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1969 || [[BAFTA Award for Best Actress in a Leading Role|Best Actress]] || ''[[Belle de Jour (film)|Belle de Jour]]'' || {{nom}}<br />
|}<br />
<br />
===César Awards===<br />
{| class="wikitable"<br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1976 || rowspan=9| [[César Award for Best Actress|Best Actress]] || ''[[Le Sauvage]]'' || {{nom}}<br />
|-<br />
|1981 || ''[[The Last Metro|Le Dernier métro]]'' || {{won}}<br />
|-<br />
|1982 || ''[[Hôtel des Amériques]]'' || {{nom}}<br />
|-<br />
|1988 || ''[[Agent trouble]]'' || {{nom}}<br />
|-<br />
|1989 || ''[[Drôle d'endroit pour une rencontre]]'' || {{nom}}<br />
|-<br />
|1993 || ''[[Indochine (film)|Indochine]]'' || {{won}}<br />
|-<br />
|1994 || ''[[Ma saison préférée]]'' || {{nom}}<br />
|-<br />
|1997 || ''[[Les Voleurs]]'' || {{nom}}<br />
|-<br />
|1999|| ''[[Place Vendôme (film)|Place Vendôme]]'' || {{nom}}<br />
|-<br />
|2006 || [[César Award for Best Supporting Actress|Best Supporting Actress]] || ''[[Palais Royal!]]'' || {{nom}}<br />
|-<br />
|2011 || rowspan=4|[[César Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|2014 || ''[[On My Way (film)|On My Way]]'' || {{nom}}<br />
|-<br />
|2015 || ''[[In the Courtyard]]'' || {{nom}}<br />
|-<br />
|2016 || ''[[La Tête haute]]'' || {{nom}}<br />
|}<br />
<br />
===Other Awards===<br />
{| class="wikitable" <br />
|-<br />
! Year<br />
! Group<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1965 || [[New York Film Critics Circle|NYFCC Award]] || [[New York Film Critics Circle Award for Best Actress|Best Actress]] || ''[[Repulsion (film)|Repulsion]]'' || {{draw|3rd Place}}<br />
|-<br />
|1976 || [[Bambi Award]] || Film International || ''[[Lovers Like Us]]'' || {{won}}<br />
|-<br />
|1981 || [[David di Donatello]] || [[David di Donatello for Best Foreign Actress|Best Foreign Actress]] || ''[[The Last Metro]]'' || {{won}}<br />
|-<br />
|1993 || [[Women in Film and Television International|WIFTI Award]] || [[Women in Film Crystal + Lucy Awards|Crystal Award]] – International || Herself || {{won}}<br />
|-<br />
|1994 || [[Goldene Kamera]] || Best International Actress || ''[[My Favorite Season]]'' || {{won}}<br />
|-<br />
|1995 || [[San Sebastián International Film Festival|San Sebastián IFF Award]] || [[Donostia Award]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|1997 || [[20th Moscow International Film Festival|Moscow IFF Award]] || Silver St. George<ref name="Moscow1997">{{cite web|url=http://www.moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |title=20th Moscow International Film Festival (1997) |accessdate=22 March 2013 |work=MIFF |deadurl=yes |archiveurl=https://web.archive.org/web/20130322163106/http://moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |archivedate=22 March 2013 |df=dmy }}</ref> || {{won}}<br />
|-<br />
|rowspan=2|1998 || [[Venice Film Festival|Venice FF Award]] || Volpi Cup – Best Actress || ''[[Place Vendôme]]'' || {{won}}<br />
|-<br />
|[[48th Berlin International Film Festival|Berlin IFF Award]]<ref name="Berlinale 1998">{{cite web |url=http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |title=Berlinale: 1998 Prize Winners |accessdate=21 January 2012 |work=berlinale.de |deadurl=no |archiveurl=https://web.archive.org/web/20131012072825/http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |archivedate=12 October 2013 |df=dmy-all }}</ref> || [[Golden Bear|Honorary Golden Bear]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|2000 || [[Art Film Fest|AFF Award]] || Actor's Mission Award || {{won}}<br />
|-<br />
|rowspan=4|2001 ||rowspan=3| Bambi Award || rowspan=3|Film International || ''[[East/West]]'' || rowspan=3 {{won}}<br />
|-<br />
|''[[I'm Going Home (film)|I'm Going Home]]''<br />
|-<br />
|''[[Dancer in the Dark]]'' <br />
|-<br />
|[[Satellite Award]] || Best Supporting Actress – Drama || ''Dancer in the Dark'' || {{nom}}<br />
|-<br />
|rowspan=2|2002 || Berlin IFF Award || [[Silver Berlin Bear]] || rowspan=2|''[[8 Women]]'' <br><small> (shared with cast)</small> || {{won}}<br />
|-<br />
|[[European Film Award|EFA Award]] || Best Actress || {{won}}<br />
|-<br />
|2005 || [[Cannes Film Festival|Cannes IFF Award]] || Palme d'Or d'honneur || rowspan=4|Herself || {{won}}<br />
|-<br />
|rowspan=2|2006 || [[Bangkok International Film Festival|Bangkok IFF Award]] || [[Golden Kinnaree Award]] || {{won}}<br />
|-<br />
|[[Istanbul International Film Festival|Istanbul IFF Award]] || Cinema Honorary Award || {{won}}<br />
|-<br />
|rowspan=2|2008 || Cannes IFF Award || Special Jury Award <small>(shared with [[Clint Eastwood]])</small> || {{won}}<br />
|-<br />
|Satellite Award || [[Satellite Award for Best Actress – Motion Picture|Best Actress – Motion Picture]] || rowspan=2|''[[A Christmas Tale]]''|| {{nom}}<br />
|-<br />
|2009 || [[Globes de Cristal Award]] || [[Globes de Cristal Award for Best Actress|Best Actress]] || {{nom}}<br />
|-<br />
|2011 || [[Lumières Award]] || [[Lumières Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|rowspan=3|2012 || [[Film Society of Lincoln Center|FSLC Award]] || [[Gala Tribute]] || Herself || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || ''[[The Beloved (2011 film)|The Beloved]]'' || {{nom}}<br />
|-<br />
|[[Manaki Brothers Film Festival|Manaki Brothers FF Award]] || Special Golden Camera 300 || Herself || {{won}}<br />
|-<br />
|rowspan=2|2013 || [[Cabourg Film Festival]] || Coup de Cœur || rowspan=2|''[[On My Way (film)|On My Way]]'' || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || {{nom}}<br />
|-<br />
|2015 || [[Filmfest Hamburg]] || [[Filmfest Hamburg#Douglas-Sirk-Award|Douglas-Sirk-Award]] || Herself || {{won}}<br />
|-<br />
|2018 || Globes de Cristal Award || Best Actress || ''[[The Midwife]]'' || {{pending}}<br />
|}<br />
<br />
In 2000, a Golden Palm Star on the [[Palm Springs, California]], [[Palm Springs Walk of Stars|Walk of Stars]] was dedicated to her.<ref>{{cite web|url=http://www.palmspringswalkofstars.com/web-storage/Stars/Stars+dedicated+by+date.pdf|title=Wayback Machine|author=|date=13 October 2012|website=archive.org|accessdate=8 May 2018|deadurl=bot: unknown|archiveurl=https://web.archive.org/web/20121013165655/http://www.palmspringswalkofstars.com/web-storage/Stars/Stars%20dedicated%20by%20date.pdf|archivedate=13 October 2012|df=dmy-all}}</ref> In 2013, she was honoured for her lifetime achievement at the [[26th European Film Awards]].<ref>{{cite web|url=http://www.europeanfilmawards.eu/en_EN/efanight/winners |title=Winners 2013 |work=[[European Film Awards]] |publisher=European Film Academy |accessdate=9 December 2013}}</ref> In 2015, she received the Lifetime Achievement Golden Orange Award from [[International Antalya Film Festival]], Turkey.<br />
<br />
==See also==<br />
* [[Cinema of France]]<br />
* [[History of cinema]]<br />
<br />
==References==<br />
{{reflist|30em}}<br />
<br />
==External links==<br />
{{Commons category}}<br />
* {{IMDb name}}<br />
* {{AllMovie name}}<br />
* [http://filmsdefrance.com/FDF_cdeneuve.html Catherine Deneuve] at filmsdefrance.com<br />
* {{Charlie Rose view|17546}}<br />
* {{NYTtopic|people/d/catherine_deneuve}}<br />
* [http://film.guardian.co.uk/interview/interviewpages/0,,1577158,00.html Catherine Deneuve interview] (21 September 2005)<br />
<br />
{{Navboxes<br />
|title = Awards for Catherine Deneuve<br />
|list =<br />
{{César Award for Best Actress}}<br />
{{David di Donatello for Best Foreign Actress}}<br />
{{European Film Award for Best Actress}}<br />
{{European Film Academy Lifetime Achievement Award}}<br />
{{Lincoln Center Gala Tribute}}<br />
{{Volpi Cup for Best Actress}}<br />
}}<br />
{{Chanel}}<br />
{{César Awards presidents}}<br />
<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Deneuve, Catherine}}<br />
[[Category:Living people]]<br />
[[Category:1943 births]]<br />
[[Category:20th-century French actresses]]<br />
[[Category:21st-century French actresses]]<br />
[[Category:Best Actress César Award winners]]<br />
[[Category:Dorléac family]]<br />
[[Category:European Film Award for Best Actress winners]]<br />
[[Category:French activists]]<br />
[[Category:French women activists]]<br />
[[Category:French Roman Catholics]]<br />
[[Category:French film actresses]]<br />
[[Category:People from Paris]]<br />
[[Category:French humanitarians]]<br />
[[Category:French television actresses]]<br />
[[Category:French anti–death penalty activists]]<br />
[[Category:Recipients of the Order of Agricultural Merit]]<br />
[[Category:Volpi Cup winners]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Catherine_Deneuve&diff=886909305Catherine Deneuve2019-03-09T09:41:53Z<p>114.249.43.146: </p>
<hr />
<div>{{Redirect|Deneuve|the magazine formerly published with this name|Curve (magazine)|the fictional detective|L (Death Note)}}<br />
{{Use dmy dates|date=August 2017}}<br />
{{Infobox person<br />
| name = Catherine Deneuve<br />
| image = Catherine Deneuve 1995.jpg<br />
| caption = Deneuve in 1995<br />
| birth_name = Catherine Fabienne Dorléac<br />
| birth_date = {{Birth date and age|df=yes|1943|10|22}}<br />
| birth_place = [[Paris]], [[German military administration in occupied France during World War II|German-occupied France]]<br />
| occupation = Actress, model, singer, film producer<br />
| years_active = from 1956<br />
| parents = [[Maurice Dorléac]]<br>[[Renée Simonot]]<br />
| relations = [[Françoise Dorléac]] (sister)<br />
| spouse = {{marriage|[[David Bailey]]<br>|1965|1972|reason=divorced}}<br />
| partner = [[Roger Vadim]] (1961–1964)<br>[[Marcello Mastroianni]] (1971–1975)<br>[[Hugh Johnson (cinematographer)|Hugh Johnson]] (1982–1983)<br>[[Pierre Lescure]] (1984–1991)<br />
| children = [[Christian Vadim]]<br>[[Chiara Mastroianni]]<br />
}}<br />
<br />
'''Catherine Fabienne Dorléac''' (born 22 October 1943), known professionally as '''Catherine Deneuve''' ({{IPA-fr|katʁin dənœv|lang}}), is a French actress as well as an occasional singer, model and producer. She gained recognition for her portrayal of icy, aloof and mysterious beauties for various directors, including [[Luis Buñuel]], [[François Truffaut]] and [[Roman Polanski]].<ref name=answers>[http://www.britannica.com/biography/Catherine-Deneuve Catherine Deneuve Biography] {{webarchive|url=https://web.archive.org/web/20160604132115/http://www.britannica.com/biography/Catherine-Deneuve |date=4 June 2016 }}. Britannica Concise Encyclopedia.</ref> In 1985, she succeeded [[Mireille Mathieu]] as the official face of [[Marianne]], France's national symbol of liberty. A 14-time [[César Award]] nominee, she won for her performances in Truffaut's ''[[The Last Metro]]'' (1980), for which she also won the [[David di Donatello]] for Best Foreign Actress, and [[Régis Wargnier]]'s ''[[Indochine (film)|Indochine]]'' (1992). She is also noted for her support for a variety of [[Liberalism|liberal causes]] and sometimes controversial statements.<br />
<br />
Deneuve made her film debut in 1957 and first came to prominence in [[Jacques Demy]]'s 1964 musical ''[[The Umbrellas of Cherbourg]]'', before going on to star for Polanski in ''[[Repulsion (film)|Repulsion]]'' (1965) and for Buñuel in ''[[Belle de Jour (film)|Belle de Jour]]'' (1967) and ''[[Tristana (film)|Tristana]]'' (1970). She was nominated for the [[BAFTA Award for Best Actress in a Leading Role|BAFTA Award for Best Actress]] for ''Belle de Jour'', and the [[Academy Award for Best Actress]] for ''Indochine''. She also won the 1998 [[Volpi Cup for Best Actress]] at the [[Venice Film Festival]] for ''[[Place Vendôme (film)|Place Vendôme]]''. Her English-language films include ''[[The April Fools]]'' (1969), ''[[Hustle (1975 film)|Hustle]]'' (1975), ''[[The Hunger (1983 film)|The Hunger]]'' (1983) and ''[[Dancer in the Dark]]'' (2000).<br />
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==Early life==<br />
Deneuve was born Catherine Fabienne Dorléac in [[Paris]], the daughter of French stage actors [[Maurice Dorléac]] and [[Renée Simonot]]. Deneuve has two sisters, [[Françoise Dorléac]] (1942–1967) and Sylvie Dorléac (born 14 December 1946),<ref name="Yahoo! Movies">[https://movies.yahoo.com/movie/contributor/1800021971 Catherine Deneuve] {{webarchive|url=https://web.archive.org/web/20111110202621/http://movies.yahoo.com/movie/contributor/1800021971 |date=10 November 2011 }} at Yahoo! Movies</ref> as well as a maternal half-sister, Danielle, whom their mother had out of wedlock in 1937 with [[Aimé Clariond]], but who was later adopted by Maurice and took his surname. Deneuve was her mother's maiden name, which she chose for her stage name, in order to differentiate herself from her sisters. Deneuve attended Catholic schools.<ref>[http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm "The Los Angeles Times Interview from 1992"] {{webarchive|url=https://web.archive.org/web/20160304053057/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm |date=4 March 2016 }} Tout Sur Deneuve</ref><br />
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==Film career==<br />
Deneuve made her film debut with a small role in [[André Hunebelle]]'s ''[[:fr:Les Collégiennes|Les Collégiennes]]'' (1957) with her younger sister Sylvie Dorléac who, like their older half-sister Danielle, was an occasional child actress.<ref name="filmcomment">{{cite web|title= Catherine Deneuve interviewed by Arnaud Despelchin|publisher= ''[[Film Comment]]'' magazine (November/December 2008 edition)|url= http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|deadurl= no|archiveurl= https://web.archive.org/web/20140116115532/http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|archivedate= 16 January 2014|df= dmy-all}}</ref> She subsequently appeared in several films for director [[Roger Vadim]] as well as in ''[[:fr:L'Homme à femmes (film, 1960)|L'Homme à femmes]]'' (1960), which caught the eye of [[Jacques Demy]], who cast Deneuve in his 1964 musical<br />
''[[Les Parapluies de Cherbourg]]'', the film that brought her to stardom.<ref name="filmcomment"/> Deneuve played the cold but erotic persona, for which she would be nicknamed the "ice maiden", in [[Roman Polanski]]'s horror classic ''[[Repulsion (film)|Repulsion]]'' (1965), reinforcing it in [[Luis Buñuel]]'s ''[[Belle de jour (film)|Belle de Jour]]'' (1967), and reaching a peak in ''[[Tristana (film)|Tristana]]'' (1970).<ref>{{cite news |title=Philip French's Screen Legends, The Observer Review, p.12 |date=1 February 2009 |url=https://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |location=London |work=The Guardian |deadurl=no |archiveurl=https://web.archive.org/web/20160308083920/http://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |archivedate=8 March 2016 |df=dmy-all }}</ref> Her work for Buñuel would be her most famous.<ref>{{Cite book | first = Maxine | last = Block |author2=Anna Herthe Rothe |author3=Marjorie Dent Candee |author4=Charles Moritz | publisher=H.W. Wilson Co. | year = 1978 | title = Current Biography Yearbook | page = 98 | isbn = 978-99973-770-2-9| quote = Catherine Deneuve has also&nbsp;... been called the "ice maiden" because of the aloof and enigmatic personality she has glacially portrayed in such classic art films as Polanski's ''Repulsion''&nbsp;... <br />
}}</ref><ref>{{Cite news|first=Alice|last=Jones|url=http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|archive-url=https://web.archive.org/web/20081110073606/http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|dead-url=yes|archive-date=10 November 2008|title=Catherine the great: Deneuve's five finest roles|work=The Independent|date=7 March 2007|accessdate=10 September 2008|quote = The first and most chilling of Deneuve's classic ice-maiden roles." "Deneuve's best-known role.}} </ref><br />
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Further prominent films from this early time in her career included [[Jean-Paul Rappeneau]]'s ''[[A Matter of Resistance]]'' (1966), Demy's musical ''[[The Young Girls of Rochefort|Les Demoiselles de Rochefort]]'' (1967) and [[François Truffaut]]'s romantic thriller ''[[Mississippi Mermaid]]'' (1969). Deneuve remained active in European films during the 1960s and 1970s, though she limited her appearances in American films of the period to ''[[The April Fools]]'' (1969), a romantic comedy with [[Jack Lemmon]], and ''[[Hustle (1975 film)|Hustle]]'' (1975), a crime drama with [[Burt Reynolds]]. Her starring roles at the time were featured in such films as ''[[A Slightly Pregnant Man]]'' (1973) with [[Marcello Mastroianni]] and ''[[Le Sauvage]]'' (1975) with [[Yves Montand]].<br />
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[[Image:MJK34539 Catherine Deneuve (Sage Femme, Berlinale 2017).jpg|thumb|Catherine Deneuve at the [[67th Berlin International Film Festival|2017 Berlin Film Festival]]]]<br />
In the 1980s, Deneuve's films included [[François Truffaut]]'s ''[[Le Dernier métro (film)|Le Dernier métro]]'' (1980), for which she won the [[César Award for Best Actress]], and [[Tony Scott]]'s ''[[The Hunger (1983 film)|The Hunger]]'' (1983) as a bisexual vampire, co-starring with [[David Bowie]] and [[Susan Sarandon]], a role which brought her a significant lesbian and cult following, mostly among the gothic subculture.<ref>{{Cite news|first=Matthew |last=Sweet |title=My lips are sealed&nbsp;... In her new film, 8 Women, the French icon Catherine Deneuve shares a kiss with her co-star Fanny Ardant. It's not her favourite part of the movie, she tells Matthew Sweet |work=The Independent |location=UK |date=29 November 2002 |url=http://www.highbeam.com/doc/1G1-94716710.html |quote=she cackles with delight when I ask her if the scene has pleased her army of lesbian fans&nbsp;... She acquired this following Tony Scott's vampire flick "The Hunger" (1983), in which she played a fanged seductress&nbsp;... who took her sweet time getting to Susan Sarandon's jugular&nbsp;... |deadurl=yes |archiveurl=https://web.archive.org/web/20070602200046/http://www.highbeam.com/doc/1G1-94716710.html |archivedate=2 June 2007 }} {{subscription required}}</ref> She made her debut film as a producer in 1988, ''[[A Strange Place to Meet|Drôle d'endroit pour une rencontre]]'', alongside frequent co-star [[Gerard Depardieu]].<br />
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In the early 1990s, Deneuve's more significant roles included 1992's ''[[Indochine (film)|Indochine]]'' opposite [[Vincent Perez]], for which she was nominated for an [[Academy Award for Best Actress]] and won a second César Award for Best Actress; and [[André Téchiné]]'s two movies, ''[[Ma saison préférée]]'' (1993) and ''[[Les Voleurs]]'' (1996). In 1997, Deneuve was the protagonist in the music video for the song ''N'Oubliez Jamais'' sung by [[Joe Cocker]]. In 1998 she won acclaim and the [[Volpi Cup]] at the [[Venice Film Festival]] for her performance in ''[[Place Vendôme (film)|Place Vendôme]]''. In the late 1990s, Deneuve continued to appear in a large number of films such as 1999's five films ''[[East/West|Est-Ouest]]'', ''[[Time Regained (film)|Le temps retrouvé]]'', ''[[Pola X]]'', ''[[Belle maman]]'', and ''[[:fr:Le Vent de la nuit (film)|Le Vent de la nuit]]''.<br />
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In 2000, Deneuve's part in [[Lars von Trier]]'s musical drama ''[[Dancer in the Dark (film)|Dancer in the Dark]]'' alongside Icelandic singer [[Björk]] was subject to considerable critical scrutiny. The film was selected for the [[Palme d'Or]] at the Cannes Film Festival. She made another foray into Hollywood the following year, starring in ''[[The Musketeer]]'' (2001) for [[Peter Hyams]]. In 2002, she shared the Silver Bear Award for Best Ensemble Cast at the [[Berlin International Film Festival]] for her performance in ''[[8 Women]]''. In 2005, Deneuve published her diary ''A l'ombre de moi-meme'' ("In My Own Shadow", published in English as ''Close Up and Personal: The Private Diaries of Catherine Deneuve''); in it she writes about her experiences shooting the films ''[[Indochine (film)|Indochine]]'' and ''[[Dancer in the Dark (film)|Dancer in the Dark]]''. She also provided the [[voice acting|voice role]] of [[Marjane Satrapi]]'s mother in Satrapi's animated autobiographical film ''[[Persepolis (film)|Persepolis]]'' (2007), based on the graphic novel of the [[Persepolis (comics)|same name]]. In 2008, she appeared in her 100th film, ''[[A Christmas Tale|Un conte de Noël]]''.<ref>{{cite news |url=http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |title=Seven decades of era-defining glamour from Cannes |date=21 May 2014 |publisher=CNN |deadurl=no |archiveurl=https://web.archive.org/web/20160513063448/http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |archivedate=13 May 2016 |df=dmy-all }}</ref><br />
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Deneuve's recent work includes ''[[Potiche]]'' (2010) with frequent co-star Depardieu, ''[[The Beloved (2011 film)|Les Bien-aimés]]'' (2012), alongside former co-stars [[Ludivine Sagnier]] and [[Chiara Mastroianni]], the popular French adventure comedy ''[[Asterix and Obelix: God Save Britannia]]'' (2012) with [[Gerard Depardieu]] and [[Valérie Lemercier]], screenwriter and director [[Emmanuelle Bercot]]'s ''[[On My Way (film)|On My Way]]'' (2013), [[Palme D'or]] winning writer/director [[Pierre Salvadori]]'s comedy drama ''[[In the Courtyard]]'' (2014), and [[André Téchiné]]'s drama ''[[In the Name of My Daughter]]'' (2014). In 2017, she co-starred alongside [[Catherine Frot]], in writer/director [[Martin Provost]]'s French drama ''[[The Midwife]]'', which has been acquired by [[Music Box Films]] for a summer 2017 distribution in the United States.<ref>{{cite news|url=https://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|title=Catherine Deneuve's 'The Midwife' Lands at Music Box|date=3 May 2017|publisher=Variety|deadurl=no|archiveurl=https://web.archive.org/web/20170816064150/http://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|archivedate=16 August 2017|df=dmy-all}}</ref><ref>{{cite news|url=http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|title=Music Box Delivering 'The Midwife'|date=4 May 2017|publisher=Deadline|deadurl=no|archiveurl=https://web.archive.org/web/20170506071929/http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|archivedate=6 May 2017|df=dmy-all}}</ref><br />
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==Career outside film==<br />
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===Modeling===<br />
[[File:Catherine Deneuve 1999.jpg|thumb|upright|Deneuve in 1999]]<br />
Deneuve appeared nude in two ''[[Playboy]]'' pictorials in 1963 and 1965.<ref name="Lisanti2001">{{cite book|author=Tom Lisanti|title=Fantasy Femmes of Sixties Cinema: Interviews with 20 Actresses from Biker, Beach, and Elvis Movies|url=https://books.google.com/books?id=2_E6M3LEGP4C&pg=PA12|year=2001|publisher=McFarland|isbn=978-0-7864-0868-9|pages=12–}}</ref> Her image was used to represent [[Marianne]], the national symbol of France, from 1985 to 1989.{{cn|date=January 2018}} As the face of [[Chanel No. 5]] in the late 1970s, she caused sales of the perfume to soar in the United States{{spaced ndash}}so much so that the American press, captivated by her charm, nominated her as the world's most elegant woman.<ref name=brandhot>{{cite web |url=http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |title=Chanel ad campaign, USA 1975 |publisher=Brandhot.de |date=22 February 1999 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110228131540/http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |archivedate=28 February 2011 |df=dmy-all }}</ref> In 1983, American Home Products retained her to represent their cosmetics line and hired world-renowned photographer [[Richard Avedon]] to promote its line of ''Youth Garde'' cosmetics, for which she famously proclaimed, "Look closely. Next year I will be 40."<br />
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She is considered the muse of designer [[Yves Saint Laurent (designer)|Yves Saint Laurent]]; he dressed her in the films, ''[[Belle de jour (film)|Belle de Jour]]'', ''[[La Chamade (film)|La Chamade]]'', ''[[Mississippi Mermaid|La sirène du {{sic|hide=y|Mississipi}}]]'', ''[[Un flic]]'', ''[[Liza (1972 film)|Liza]]'' and ''[[The Hunger (1983 film)|The Hunger]]''. In 1992, she became a model for his skincare line.<br />
In 2001, she was chosen as the new face of [[L'Oréal Paris]]. In 2006, Deneuve became the third inspiration for the M•A•C Beauty Icon series and collaborated on the colour collection that became available at M•A•C locations worldwide in February that year. Deneuve began appearing in the new [[Louis Vuitton]] luggage advertisements in 2007. Deneuve was listed as one of the fifty best-dressed over 50s by the ''Guardian'' in March 2013.<ref>{{cite news|title=The 50 best-dressed over 50s|url=https://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|newspaper=The Guardian|location=London|first1=Jess|last1=Cartner-Morley|first2=Helen|last2=Mirren|first3=Arianna|last3=Huffington|first4=Valerie|last4=Amos|date=28 March 2013|deadurl=no|archiveurl=https://web.archive.org/web/20160420140223/http://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|archivedate=20 April 2016|df=dmy-all}}</ref> In July 2017, Deneuve appeared in a video campaign for [[Louis Vuitton]] entitled ''Connected Journeys'', celebrating the launch of the brand's Tambour Horizon smartwatch, which also featured celebrities, including [[Jennifer Connelly]], [[Bae Doona]], [[Jaden Smith]] and [[Miranda Kerr]].<ref>{{cite web|title=The First Louis Vuitton Smartwatch is here|url=http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|date=11 July 2017|work=[[Harper's Bazaar]]|accessdate=19 August 2017|deadurl=no|archiveurl=https://web.archive.org/web/20170818221805/http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|archivedate=18 August 2017|df=dmy-all}}</ref><br />
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===Entrepreneurial===<br />
In 1986, Deneuve introduced her own perfume, ''Deneuve''.<ref>{{cite news| url=http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| title=French Film Star Deneuve Introduces Own Fragrance| accessdate=4 January 2014| work=Los Angeles Times| first=Timothy| last=Hawkins| date=11 April 1986| deadurl=no| archiveurl=http://archive.wikiwix.com/cache/20140105225915/http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| archivedate=5 January 2014| df=dmy-all}}</ref> She is also a designer of glasses, shoes, jewelry and greeting cards.{{citation needed|date=July 2013}}<br />
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==Charities==<br />
* Deneuve was appointed [[UNESCO]] [[Goodwill Ambassador]] for the Safeguarding of Film Heritage in 1994 until her resignation on 12 November 2003.<br />
* Deneuve asked that the rights owed to her from her representation of Marianne be given to [[Amnesty International]].<ref name=politique>{{fr icon}}[http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm#int1 "Amnesty International et lutte contre la peine de mort"] {{webarchive|url=https://web.archive.org/web/20070703230838/http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm |date=3 July 2007 }} Tout sur Deneuve</ref><br />
* [[Louis Vuitton]] made a donation to [[The Climate Project]], spearheaded by [[Al Gore]], on behalf of Deneuve.<br />
* Deneuve is also involved with [[Children Action]], [[Children of Africa]], [[Orphelins Roumains]] and [[Reporters Without Borders]].<br />
* [[Pain Without Borders|Douleur sans frontiers]] (Pain Without Borders) – At the end of 2003, Deneuve recorded a radio commercial to encourage donations to fight against the pain in the world, notably for the victims of landmines.<ref name=galabio>{{cite web|url=http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |title=Catherine Deneuve Bio |language=fr |publisher=www.gala.fr |date= |accessdate=1 March 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20080903103813/http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |archivedate=3 September 2008 |df= }}</ref><br />
* [[Handicap International]] – In the middle of July 2005, Deneuve lent her voice to the message of radio commercials, TV and cinema, which denounced the use of the BASM (cluster bombs).<br />
* [[Voix de femmes pour la démocratie]] (Voice of women for democracy) – Deneuve read the text, "Le petit garçon", of [[Jean-Lou Dabadie]], on the entitled CD, "Voix de femmes pour la démocratie." The CD was sold for the benefit of the female victims of the war and the fundamentalisms that fight for democracy.<br />
* Deneuve has also been involved with various charities in the fight against AIDS and cancer.<ref name="galabio"/><br />
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==Political involvement==<br />
[[File:Catherine Deneuve Césars 2011.jpg|thumb|upright|Deneuve at the [[36th César Awards|2011 César Awards]].]]<br />
* In 1972, Deneuve signed the [[Manifesto of the 343]]. The manifesto was an admission by its signers to have practiced illegal abortions and therefore exposed themselves to judicial actions and prison sentences. It was published in ''[[Le Nouvel Observateur]]'' on 5 April 1971. That same year, feminist lawyer [[Gisèle Halimi]] founded the group, Choisir ("To Choose"), to protect the women who had signed the Manifesto of the 343.<br />
* Deneuve is involved with Amnesty International's program to abolish the death penalty.<br />
* In 2001, Deneuve delivered a petition organized by the French-based group, "Together Against the death penalty", to the U.S. Embassy in Paris.<ref name="deathpentaly">{{Cite news | url = http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | title = French horrified by execution | publisher = BBC NEWS | date = 14 May 2001 | first = James | last = Coomarasamy | deadurl = no | archiveurl = https://web.archive.org/web/20160305045022/http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | archivedate = 5 March 2016 | df = dmy-all }}</ref><br />
* In April 2007, Deneuve signed a petition on the internet protesting against the "misogynous" treatment of socialist presidential candidate [[Ségolène Royal]]. More than 8,000 French men and women signed the petition, including French actress [[Jeanne Moreau]].<ref name=royal>{{Cite news|url=http://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_&quotmisogynous&quot_treatment_of_Royal |title=Thousands sign petition against "misogynous" treatment of Royal |work=Europe News on Monsters and Critics |publisher=Deutsche Presse-Agentur |date=12 April 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20140117024536/https://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_%26quotmisogynous%26quot_treatment_of_Royal |archivedate=17 January 2014 |df=dmy }}</ref><br />
* In January 2018, Deneuve signed an open letter denouncing women's right to publicly call out perpetrators of sexual harassment and assault, complaining that this had become a witch hunt, and that there can be no right for a woman to say "no" to a sexual proposition from a man, without the accompanying right for a man to first make such a proposition.<ref>{{cite web|url=https://www.bbc.com/news/world-europe-42687157|title=Deneuve apologises to sex assault victims|author=|date=8 May 2018|publisher=|accessdate=8 May 2018|via=www.bbc.com|deadurl=no|archiveurl=https://web.archive.org/web/20180318123424/http://www.bbc.com/news/world-europe-42687157|archivedate=18 March 2018|df=dmy-all}}</ref><br />
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==Personal life==<br />
Deneuve speaks fluent French, Italian and English and has some knowledge of Spanish, though she does not speak the language fluently. Her hobbies and passions include gardening, drawing, photography, reading, music, cinema, fashion, antiques and decoration.<ref name="galabio"/><br />
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Deneuve has been married once,<ref>{{cite web |author=Isabelle Vautier |url=http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |title=Tout sur Catherine Deneuve – Interview parue dans ''The Advocate'' (1995) |publisher=Toutsurdeneuve.free.fr |year=1955 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110720231501/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |archivedate=20 July 2011 |df=dmy-all }}</ref> to photographer [[David Bailey (photographer)|David Bailey]] from 1965 to 1972.<ref name="Yahoo! Movies"/> She has lived with director [[Roger Vadim]],<ref>{{cite news |author=Stephanie Bunbury |url=http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |title=Catherine Deneuve's Frosty Charm |publisher=''[[The Sydney Morning Herald]]'' |date=23 November 2013 |accessdate=23 November 2013 |deadurl=no |archiveurl=https://web.archive.org/web/20131123123224/http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |archivedate=23 November 2013 |df=dmy-all }}</ref> actor [[Marcello Mastroianni]],<ref name = "Yahoo! Movies"/> cinematographer [[Hugh Johnson (cinematographer)|Hugh Johnson]],<ref>{{cite book|author=John Cigarini|title=Johnny Cigarini: Confessions of a King's Road Cowboy|year=2014|publisher=Troubador Publishing Ltd|isbn=1-78462-806-9}}</ref> Spanish model and current television presenter Carlos Lozano,<ref>{{cite news |author=Jesus Manuel Ruiz |url=https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |title=El 'affaire' (hasta ahora desconocido) entre Carlos Lozano y Catherine Deneuve |publisher=''[[Vanitatis]]'' |date=10 March 2016 |accessdate=15 January 2018 |deadurl=no |archiveurl=https://web.archive.org/web/20180116135059/https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |archivedate=16 January 2018 |df=dmy-all }}</ref> and [[Canal+]] tycoon [[Pierre Lescure]].<ref name = "Yahoo! Movies"/><br />
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Deneuve has two children: actor [[Christian Vadim]], from her relationship with Roger Vadim, and actress [[Chiara Mastroianni]], from her relationship with Marcello Mastroianni. She has five grandchildren.<ref name = "Yahoo! Movies"/><br />
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Deneuve is close friends with the artist [[Fred Nall Hollis|Nall]] and owns some of his works.<ref>{{cite web|url=https://www.nytimes.com/2009/10/07/greathomesanddestinations/07gh-france.html|title=In France, an Artist’s Retreat}}</ref><br />
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==Filmography==<br />
{| class="wikitable sortable"<br />
! Year<br />
! Title<br />
! Role<br />
! Director<br />
! class="unsortable" | Notes<br />
|-<br />
| 1957<br />
| ''Les Collégiennes''<br />
| Une grande<br />
| [[André Hunebelle]]<br />
| <br />
|-<br />
| 1960<br />
| ''{{Interlanguage link multi|L'Homme à femmes|fr|3=L'Homme à femmes (film, 1960)}}''<br />
| Catherine<br />
| {{ill|Jacques-Gérard Cornu|fr}}<br />
| <br />
|-<br />
| 1960<br />
| ''Les Portes claquent''<br />
| Dany<br />
| [[Michel Fermaud]]<br>[[Jacques Poitrenaud]]<br />
| <br />
|-<br />
| 1962<br />
| ''Les Parisiennes''<br />
| Sophie<br />
| [[Marc Allégret]]<br />
| <br />
|-<br />
| 1962<br />
| ''Ça c'est la vie''<br />
| <br />
| [[Claude Choublier]]<br />
| [[Short film]]<br />
|-<br />
| 1962<br />
| ''[[Et Satan conduit le bal]]''<br />
| Manuelle<br />
| Grisha Dabat<br />
| <br />
|-<br />
| 1963<br />
| ''[[Vice and Virtue]]''<br />
| Justine Morand<br />
| [[Roger Vadim]]<br />
| <br />
|-<br />
| 1963<br />
| ''[[Portuguese Vacation]]''<br />
| Catherine<br />
| [[Pierre Kast]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[The Umbrellas of Cherbourg]]''<br />
| Geneviève Emery<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Les Plus belles escroqueries du monde]]''<br />
| Swindler<br />
| [[Claude Chabrol]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[La Chasse à l'homme]]''<br />
| Denise<br />
| [[Édouard Molinaro]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Male Companion]]''<br />
| Isabelle<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1964<br />
| ''La Costanza della ragione''<br />
| Lori<br />
| [[Pasquale Festa Campanile]]<br />
| <br />
|-<br />
| 1965<br />
| ''Les Petits chats''<br />
| <br />
| {{ill|Jacques R. Villa|fr}}<br />
| <br />
|-<br />
| 1965<br />
| ''[[Repulsion (film)|Repulsion]]''<br />
| Carol<br />
| [[Roman Polanski]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Who Wants to Sleep?]]''<br />
| Angela Claasen<br />
| [[Rolf Thiele]]<br>[[Axel von Ambesser]]<br>[[Alfred Weidenmann]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Le Chant du monde (film)|Le Chant du monde]]''<br />
| Clara<br />
| [[Marcel Camus]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[A Matter of Resistance]]''<br />
| Marie<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[Les Créatures]]''<br />
| Mylène<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[The Young Girls of Rochefort]]''<br />
| Delphine Garnier<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[Belle de Jour (film)|Belle de Jour]]''<br />
| Séverine Serizy / Belle de Jour<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Benjamin (film)|Benjamin]]''<br />
| Anne de Clécy<br />
| [[Michel Deville]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Manon 70]]''<br />
| Manon<br />
| [[Jean Aurel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Mayerling (1968 film)|Mayerling]]''<br />
| Maria Vetsera<br />
| [[Terence Young (director)|Terence Young]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[La Chamade (film)|La Chamade]]''<br />
| Lucile<br />
| [[Alain Cavalier]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[The April Fools]]''<br />
| Catherine Gunther<br />
| [[Stuart Rosenberg]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[Mississippi Mermaid]]''<br />
| Julie Roussel / Marion Vergano<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1969<br />
| ''{{Interlanguage link multi|Tout peut arriver|fr|3=Tout peut arriver (film, 1969)|lt=Tout peut arriver}}''<br />
| Interviewee<br />
| [[Philippe Labro]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Tristana (film)|Tristana]]''<br />
| Tristana<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Peau d'Âne]]''<br />
| Princess / 'Donkey Skin'<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1971<br />
| ''[[It Only Happens to Others]]''<br />
| Catherine<br />
| [[Nadine Trintignant]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Liza (1972 film)|Liza]]''<br />
| Liza<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Un flic]]''<br />
| Cathy<br />
| [[Jean-Pierre Melville]]<br />
| <br />
|-<br />
| 1973<br />
| ''[[A Slightly Pregnant Man]]''<br />
| Irène de Fontenoy<br />
| [[Jacques Demy]]<br />
|<br />
|-<br />
| 1974<br />
| ''[[Don't Touch the White Woman!]]''<br />
| Marie-Hélène de Boismonfrais<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1974<br />
| ''[[Drama of the Rich]]''<br />
| Linda Murri<br />
| [[Mauro Bolognini]]<br />
| <br />
|-<br />
| 1974<br />
| ''{{Interlanguage link multi|La femme aux bottes rouges|fr|3=La femme aux bottes rouges}}''<br />
| Françoise LeRoi<br />
| [[Juan Luis Buñuel]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|Zig-Zig|fr}}''<br />
| Marie<br />
| [[László Szabó (actor)|László Szabó]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|L'Agression|fr|3=L'Agression (film, 1975)|lt=L'Agression}}''<br />
| Sarah<br />
| [[Gérard Pirès]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Lovers Like Us]]''<br />
| Nelly<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Hustle (1975 film)|Hustle]]''<br />
| Nicole Britton<br />
| [[Robert Aldrich]]<br />
| <br />
|-<br />
| 1976<br />
| ''[[If I Had to Do It All Over Again]]''<br />
| Catherine Berger<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Anima persa]]''<br />
| Sofia Stolz<br />
| [[Dino Risi]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[March or Die (film)|March or Die]]''<br />
| Simone Picard<br />
| [[Dick Richards]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Beach House (film)|Beach House]]''<br />
| La donna del sogno<br />
| [[Sergio Citti]]<br />
| <br />
|-<br />
| 1978<br />
| ''[[L'Argent des autres]]''<br />
| Cécile Rainier<br />
| [[Christian de Chalonge]]<br />
| <br />
|-<br />
| 1979<br />
| ''{{Interlanguage link multi|Ils sont grands, ces petits|fr}}''<br />
| Louise Mouchin<br />
| [[Joël Santoni]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Us Two (film)|Us Two]]''<br />
| Françoise<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Courage - Let's Run]]''<br />
| Eva<br />
| [[Yves Robert]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Écoute voir]]''<br />
| Claude Alphand<br />
| [[Hugo Santiago]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[The Last Metro]]''<br />
| Marion Steiner<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[Je vous aime]]''<br />
| Alice<br />
| [[Claude Berri]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Le Choix des armes]]''<br />
| Nicole Durieux<br />
| [[Alain Corneau]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Hotel America]]''<br />
| Hélène<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1982<br />
| ''[[Le choc]]''<br />
| Claire<br />
| [[Robin Davis (director)|Robin Davis]]<br />
|<br />
|-<br />
| 1983<br />
| ''{{Interlanguage link multi|L'Africain (film)|fr|3=L'Africain (film)|lt=L'Africain}}''<br />
| Charlotte<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1983<br />
| ''[[The Hunger (1983 film)|The Hunger]]''<br />
| Miriam Blaylock<br />
| [[Tony Scott]]<br />
|<br />
|-<br />
| 1984<br />
| ''[[Le Bon Plaisir]]''<br />
| Claire Després<br />
| [[Francis Girod]]<br />
| <br />
|-<br />
| 1984<br />
| ''[[Fort Saganne]]''<br />
| Louise<br />
| [[Alain Corneau]]<br />
|<br />
|-<br />
| 1984<br />
| ''{{Interlanguage link multi|Paroles et Musique|fr|3=Paroles et Musique (film)|lt=Paroles et Musique}}''<br />
| Margaux<br />
| [[Élie Chouraqui]]<br />
|<br />
|-<br />
| 1986<br />
| ''[[Speriamo che sia femmina]]''<br />
| Claudia<br />
| [[Mario Monicelli]]<br />
| <br />
|-<br />
| 1986<br />
| ''[[Scene of the Crime (1986 film)|Scene of the Crime]]''<br />
| Lili Ravenel<br />
| [[André Téchiné]]<br />
|<br />
|-<br />
| 1987<br />
| ''[[Agent trouble]]''<br />
| Amanda Weber<br />
| [[Jean-Pierre Mocky]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[Fréquence meurtre]]''<br />
| Jeanne Quester<br />
| [[Élisabeth Rappeneau]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[A Strange Place to Meet]]''<br />
| France<br />
| [[François Dupeyron]]<br />
| <br />
|-<br />
| 1991<br />
| ''{{Interlanguage link multi|La Reine blanche|fr}}''<br />
| Liliane Ripoche<br />
| [[Jean-Loup Hubert]]<br />
| <br />
|-<br />
| 1992<br />
| ''[[Indochine (film)|Indochine]]''<br />
| Eliane<br />
| [[Régis Wargnier]]<br />
| <br />
|-<br />
| 1993<br />
| ''[[My Favorite Season]]''<br />
| Emilie<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1994<br />
| ''{{Interlanguage link multi|La Partie d'échecs|fr}}''<br />
| Marquise<br />
| {{ill|Yves Hanchar|fr}}<br />
| <br />
|-<br />
| 1995<br />
| ''[[One Hundred and One Nights]]''<br />
| The star-fantasy<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1995<br />
| ''[[The Convent (film)|The Convent]]''<br />
| Hélène<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 1996<br />
| ''[[Thieves (1996 film)|Thieves]]''<br />
| Marie Leblanc<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1996<br />
| ''Court toujours: L'inconnu''<br />
| Marianne<br />
| [[Ismaël Ferroukhi]]<br />
| Short film<br />
|-<br />
| 1997<br />
| ''[[Genealogies of a Crime]]''<br />
| Jeanne / Solange<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1997<br />
| ''Sans titre''<br />
|<br />
| [[Leos Carax]]<br />
| Short film<br />
|-<br />
| 1998<br />
| ''[[Place Vendôme (film)|Place Vendôme]]''<br />
| Marianne Malivert<br />
| [[Nicole Garcia]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Le vent de la nuit]]''<br />
| Hélène<br />
| [[Philippe Garrel]]<br />
| English title: ''Night Wind''<br />
|-<br />
| 1999<br />
| ''[[Belle maman]]''<br />
| Léa<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Pola X]]''<br />
| Marie<br />
| [[Leos Carax]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Time Regained (film)|Time Regained]]''<br />
| Odette de Crecy<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[East/West]]''<br />
| Gabrielle Develay<br />
| [[Régis Wargnier]]<br />
|<br />
|-<br />
| 2000<br />
| ''[[Dancer in the Dark]]''<br />
| Kathy<br />
| [[Lars von Trier]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[I'm Going Home (film)|I'm Going Home]]''<br />
| Marguerite<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[Absolument fabuleux]]''<br />
| A spectator of the parade (cameo)<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[The Musketeer]]''<br />
| The Queen<br />
| [[Peter Hyams]]<br />
| <br />
|-<br />
| 2001<br />
| ''Le petit poucet''<br />
| The Queen<br />
| [[Olivier Dahan]]<br />
| <br />
|-<br />
| 2002<br />
| ''[[8 Women]]''<br />
| Gaby<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2002<br />
| ''Au plus près du paradis''<br />
| Fanette<br />
| [[Tonie Marshall]]<br />
| <br />
|-<br />
| 2003<br />
| ''[[Les Liaisons dangereuses (TV miniseries)|Les Liaisons dangereuses]]''<br />
| Marquise Isabelle de Merteuil<br />
| <br />
| [[Miniseries]]<br />
|-<br />
| 2003<br />
| ''[[A Talking Picture]]''<br />
| Delfina<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[:fr:Princesse Marie|Princesse Marie]]''<br />
| [[Princess Marie Bonaparte]]<br />
| [[Benoît Jacquot]]<br />
| [[Television film]]<br />
|-<br />
| 2004<br />
| ''[[Kings and Queen]]''<br />
| Mme Vasset<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[Changing Times (film)|Changing Times]]''<br />
| Cécile<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2005<br />
| ''Palais royal!''<br />
| Eugénia<br />
| [[Valérie Lemercier]]<br />
| <br />
|-<br />
| 2006<br />
| ''{{Interlanguage link multi|The Stone Council|fr|3=Le Concile de pierre (film)|lt=Le concile de pierre}}''<br />
| Sybille Weber<br />
| [[Guillaume Nicloux]]<br />
| <br />
|-<br />
| 2006<br />
| ''[[Nip/Tuck]]''<br />
| Diana Lubey<br />
| [[Ryan Murphy (writer)|Ryan Murphy]]<br />
| Episode: "Diana Lubey"<br />
|-<br />
| 2006<br />
| ''Le héros de la famille''<br />
| Alice Mirmont<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2007<br />
| ''Après lui''<br />
| Camille<br />
| [[Gaël Morel]]<br />
| <br />
|-<br />
| 2007<br />
| ''[[Persepolis (film)|Persepolis]]''<br />
| Taji Satrapi, Marjane's mother (voice)<br />
| [[Marjane Satrapi]]<br>[[Vincent Paronnaud]]<br />
| <br />
|-<br />
| 2007<br />
| ''Pouvoir et séduction''<br />
| Elegant Lady<br />
| {{ill|Maria von Heland|de}}<br />
| Television film<br />
|-<br />
| 2008<br />
| ''[[A Christmas Tale]]''<br />
| Junon Vuillard<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2008<br />
| ''Je veux voir''<br />
| The famous actress<br />
| [[Joana Hadjithomas]]<br>[[Khalil Joreige]]<br />
| <br />
|-<br />
| 2008<br />
| ''Mes stars et moi''<br />
| Solange Duvivier<br />
| {{ill|Laetitia Colombani|fr}}<br />
| <br />
|-<br />
| 2009<br />
| ''Cyprien''<br />
| Vivianne Wagner<br />
| {{ill|David Charhon|fr}}<br />
|<br />
|-<br />
| 2009<br />
| ''[[The Girl on the Train (2009 film)|The Girl on the Train]]''<br />
| Louise<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Park Benches]]''<br />
| The client to the cupboard<br />
| [[Bruno Podalydès]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Hidden Diary]]''<br />
| Martine<br />
| [[Julie Lopes-Curval]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[Potiche]]''<br />
| Suzanne Pujol<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[The Big Picture (2010 film)|The Big Picture]]''<br />
| Anne<br />
| {{ill|Eric Lartigau|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''Les yeux de sa mère''<br />
| Lena Weber<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''[[The Beloved (2011 film)|The Beloved]]''<br />
| Madeleine<br />
| [[Christophe Honoré]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Lines of Wellington]]''<br />
| Severina<br />
| [[Valeria Sarmiento]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[God Loves Caviar]]''<br />
| Empress Catherine II of Russia<br />
| [[Yannis Smaragdis]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Asterix and Obelix: God Save Britannia]]''<br />
| Queen Cordelia<br />
| [[Laurent Tirard]]<br />
| <br />
|-<br />
| 2013<br />
| ''[[On My Way (film)|On My Way]]''<br />
| Bettie<br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Courtyard]]''<br />
| Mathilde<br />
| [[Pierre Salvadori]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[Three Hearts (film)|Three Hearts]]''<br />
| The mother <br />
| [[Benoît Jacquot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Name of My Daughter]]''<br />
| Renée Le Roux<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[The Brand New Testament]]''<br />
| Martine <br />
| [[Jaco Van Dormael]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[Standing Tall (film)|Standing Tall]]''<br />
| Florence Blaque <br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2016<br />
| ''[[Le Cancre]]''<br />
| Marguerite<br />
| [[Paul Vecchiali]]<br />
|<br />
|-<br />
| 2017<br />
| ''[[The Midwife]]''<br />
| Béatrice Sobolevski<br />
| [[Martin Provost]]<br />
| <br />
|-<br />
| 2017<br />
| ''Belle à croquer''<br />
| The Angel<br />
| Axel Courtière<br />
| Short film<br />
|-<br />
| 2017<br />
| ''[[Bonne Pomme]]''<br />
| Barbara<br />
| [[Florence Quentin]]<br />
| <br />
|-<br />
| 2017<br />
| ''{{ill|Tout nous sépare|fr}}''<br />
| Louise Keller<br />
| {{ill|Thierry Klifa|fr}}<br />
|<br />
|-<br />
| 2017<br />
| ''Naissance d'une étoile''<br />
| Mlle Jean<br />
| James Bort<br />
| Short film<br />
|-<br />
| 2018<br />
| ''Le dernier vide-grenier de Claire Darling''<br />
|<br />
| {{ill|Julie Bertuccelli|fr}}<br />
| ''Post-production''<br />
|-<br />
| 2018<br />
| ''Mauvaises herbes''<br />
| Monique<br />
| [[Kheiron]]<br />
| ''Post-production''<br />
|}<br />
<br />
==Discography==<br />
* 1980:<br />
** ''Dieu fumeur de havanes'' – by and with [[Serge Gainsbourg]] (original film soundtrack ''[[Je vous aime]]'' by [[Claude Berri]])<br />
** ''Quand on s'aime'' – duet with [[Gérard Depardieu]], for a television programme<br />
* 1981: Her first and only album issued – ''Souviens-toi de m'oublier'' written by [[Serge Gainsbourg]]<br />
# Digital delay<br />
# Depression au-dessus du jardin<br />
# Epsilon<br />
# Monna Vanna et Miss Duncan<br />
# Marine bond tremolo<br />
# Ces petits riens (duet with Serge Gainsbourg) – original version performed by Gainsbourg and [[Juliette Gréco]] (1964)<br />
# Souviens-toi de m'oublier (duet with Serge Gainsbourg)<br />
# Overseas telegram<br />
# What tu dis qu'est-ce tu say<br />
# Oh Soliman<br />
# Alice helas<br />
* 1993: ''Paris Paris'' – by and with [[Malcolm McLaren]]<br />
* 1997: ''Allo maman bobo'' – by [[Alain Souchon]], during an evening with [[Les Enfoirés]] in 1997 with [[Alain Souchon]], [[Jean-Jacques Goldman]] and [[Laurent Voulzy]]<br />
* 1999: ''Joyeux anniversaire maman'' – by [[Stomy Bugsy]] (original film soundtrack ''[[Belle-maman]]'' by [[Gabriel Aghion]])<br />
* 2000: ''Cvalda'' – by and with [[Björk]] (original film soundtrack ''[[Dancer in the dark]]'' by [[Lars von Trier]])<br />
* 2001: ''Toi jamais'' – original film soundtrack ''[[Huit femmes (film)|Huit Femmes]]'' by [[François Ozon]] (original version performed by [[Sylvie Vartan]] en 1976)<br />
* 2006: ''[[Ho capito che ti amo]]'' – original film soundtrack ''[[Le héros de la famille]]'' by [[Thierry Klifa]]<br />
* 2010: ''C'est beau la vie'' by [[Jean Ferrat]] – original film soundtrack ''[[Potiche]]'' by [[François Ozon]]<br />
* 2011: ''Tout est si calme'' with [[Clara Couste]], [[Ludivine Sagnier]] and [[Chiara Mastroianni]], ''Une fille légère in duet'' with [[Chiara Mastroianni]], ''Je ne peux vivre sans t'aimer'' – original film soundtrack ''[[The Beloved (2011 film)|The Beloved]]'' by [[Christophe Honoré]]<br />
* Audiobooks for [[Éditions des Femmes]]:<br />
** ''[[Cendrillon]]'' by [[Charles Perrault]]<br />
** ''[[Bonjour tristesse]]'' by [[Françoise Sagan]]<br />
** ''[[Les Petits Chevaux de Tarquinia]]'' by [[Marguerite Duras]]<br />
** ''[[Les Paradis aveugles]]'' by [[Duong Thu Huong]]<br />
** ''[[La Marquise d'O]]'' by [[Heinrich Von Kleist]]<br />
** ''[[Lettres à un jeune poète]]'' by [[Rainer Maria Rilke]]<br />
** ''[[Lettres à ma mère]]'' by [[Sylvia Plath]]<br />
<br />
==Awards and nominations==<br />
<br />
===Academy Awards===<br />
{| class="wikitable" <br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1993 || [[Academy Award for Best Actress|Best Actress]] || ''[[Indochine (film)|Indochine]]'' || {{nom}}<br />
|}<br />
<br />
===BAFTA Awards===<br />
{| class="wikitable"<br />
|-<br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1969 || [[BAFTA Award for Best Actress in a Leading Role|Best Actress]] || ''[[Belle de Jour (film)|Belle de Jour]]'' || {{nom}}<br />
|}<br />
<br />
===César Awards===<br />
{| class="wikitable"<br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1976 || rowspan=9| [[César Award for Best Actress|Best Actress]] || ''[[Le Sauvage]]'' || {{nom}}<br />
|-<br />
|1981 || ''[[The Last Metro|Le Dernier métro]]'' || {{won}}<br />
|-<br />
|1982 || ''[[Hôtel des Amériques]]'' || {{nom}}<br />
|-<br />
|1988 || ''[[Agent trouble]]'' || {{nom}}<br />
|-<br />
|1989 || ''[[Drôle d'endroit pour une rencontre]]'' || {{nom}}<br />
|-<br />
|1993 || ''[[Indochine (film)|Indochine]]'' || {{won}}<br />
|-<br />
|1994 || ''[[Ma saison préférée]]'' || {{nom}}<br />
|-<br />
|1997 || ''[[Les Voleurs]]'' || {{nom}}<br />
|-<br />
|1999|| ''[[Place Vendôme (film)|Place Vendôme]]'' || {{nom}}<br />
|-<br />
|2006 || [[César Award for Best Supporting Actress|Best Supporting Actress]] || ''[[Palais Royal!]]'' || {{nom}}<br />
|-<br />
|2011 || rowspan=4|[[César Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|2014 || ''[[On My Way (film)|On My Way]]'' || {{nom}}<br />
|-<br />
|2015 || ''[[In the Courtyard]]'' || {{nom}}<br />
|-<br />
|2016 || ''[[La Tête haute]]'' || {{nom}}<br />
|}<br />
<br />
===Other Awards===<br />
{| class="wikitable" <br />
|-<br />
! Year<br />
! Group<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1965 || [[New York Film Critics Circle|NYFCC Award]] || [[New York Film Critics Circle Award for Best Actress|Best Actress]] || ''[[Repulsion (film)|Repulsion]]'' || {{draw|3rd Place}}<br />
|-<br />
|1976 || [[Bambi Award]] || Film International || ''[[Lovers Like Us]]'' || {{won}}<br />
|-<br />
|1981 || [[David di Donatello]] || [[David di Donatello for Best Foreign Actress|Best Foreign Actress]] || ''[[The Last Metro]]'' || {{won}}<br />
|-<br />
|1993 || [[Women in Film and Television International|WIFTI Award]] || [[Women in Film Crystal + Lucy Awards|Crystal Award]] – International || Herself || {{won}}<br />
|-<br />
|1994 || [[Goldene Kamera]] || Best International Actress || ''[[My Favorite Season]]'' || {{won}}<br />
|-<br />
|1995 || [[San Sebastián International Film Festival|San Sebastián IFF Award]] || [[Donostia Award]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|1997 || [[20th Moscow International Film Festival|Moscow IFF Award]] || Silver St. George<ref name="Moscow1997">{{cite web|url=http://www.moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |title=20th Moscow International Film Festival (1997) |accessdate=22 March 2013 |work=MIFF |deadurl=yes |archiveurl=https://web.archive.org/web/20130322163106/http://moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |archivedate=22 March 2013 |df=dmy }}</ref> || {{won}}<br />
|-<br />
|rowspan=2|1998 || [[Venice Film Festival|Venice FF Award]] || Volpi Cup – Best Actress || ''[[Place Vendôme]]'' || {{won}}<br />
|-<br />
|[[48th Berlin International Film Festival|Berlin IFF Award]]<ref name="Berlinale 1998">{{cite web |url=http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |title=Berlinale: 1998 Prize Winners |accessdate=21 January 2012 |work=berlinale.de |deadurl=no |archiveurl=https://web.archive.org/web/20131012072825/http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |archivedate=12 October 2013 |df=dmy-all }}</ref> || [[Golden Bear|Honorary Golden Bear]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|2000 || [[Art Film Fest|AFF Award]] || Actor's Mission Award || {{won}}<br />
|-<br />
|rowspan=4|2001 ||rowspan=3| Bambi Award || rowspan=3|Film International || ''[[East/West]]'' || rowspan=3 {{won}}<br />
|-<br />
|''[[I'm Going Home (film)|I'm Going Home]]''<br />
|-<br />
|''[[Dancer in the Dark]]'' <br />
|-<br />
|[[Satellite Award]] || Best Supporting Actress – Drama || ''Dancer in the Dark'' || {{nom}}<br />
|-<br />
|rowspan=2|2002 || Berlin IFF Award || [[Silver Berlin Bear]] || rowspan=2|''[[8 Women]]'' <br><small> (shared with cast)</small> || {{won}}<br />
|-<br />
|[[European Film Award|EFA Award]] || Best Actress || {{won}}<br />
|-<br />
|2005 || [[Cannes Film Festival|Cannes IFF Award]] || Palme d'Or d'honneur || rowspan=4|Herself || {{won}}<br />
|-<br />
|rowspan=2|2006 || [[Bangkok International Film Festival|Bangkok IFF Award]] || [[Golden Kinnaree Award]] || {{won}}<br />
|-<br />
|[[Istanbul International Film Festival|Istanbul IFF Award]] || Cinema Honorary Award || {{won}}<br />
|-<br />
|rowspan=2|2008 || Cannes IFF Award || Special Jury Award <small>(shared with [[Clint Eastwood]])</small> || {{won}}<br />
|-<br />
|Satellite Award || [[Satellite Award for Best Actress – Motion Picture|Best Actress – Motion Picture]] || rowspan=2|''[[A Christmas Tale]]''|| {{nom}}<br />
|-<br />
|2009 || [[Globes de Cristal Award]] || [[Globes de Cristal Award for Best Actress|Best Actress]] || {{nom}}<br />
|-<br />
|2011 || [[Lumières Award]] || [[Lumières Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|rowspan=3|2012 || [[Film Society of Lincoln Center|FSLC Award]] || [[Gala Tribute]] || Herself || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || ''[[The Beloved (2011 film)|The Beloved]]'' || {{nom}}<br />
|-<br />
|[[Manaki Brothers Film Festival|Manaki Brothers FF Award]] || Special Golden Camera 300 || Herself || {{won}}<br />
|-<br />
|rowspan=2|2013 || [[Cabourg Film Festival]] || Coup de Cœur || rowspan=2|''[[On My Way (film)|On My Way]]'' || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || {{nom}}<br />
|-<br />
|2015 || [[Filmfest Hamburg]] || [[Filmfest Hamburg#Douglas-Sirk-Award|Douglas-Sirk-Award]] || Herself || {{won}}<br />
|-<br />
|2018 || Globes de Cristal Award || Best Actress || ''[[The Midwife]]'' || {{pending}}<br />
|}<br />
<br />
In 2000, a Golden Palm Star on the [[Palm Springs, California]], [[Palm Springs Walk of Stars|Walk of Stars]] was dedicated to her.<ref>{{cite web|url=http://www.palmspringswalkofstars.com/web-storage/Stars/Stars+dedicated+by+date.pdf|title=Wayback Machine|author=|date=13 October 2012|website=archive.org|accessdate=8 May 2018|deadurl=bot: unknown|archiveurl=https://web.archive.org/web/20121013165655/http://www.palmspringswalkofstars.com/web-storage/Stars/Stars%20dedicated%20by%20date.pdf|archivedate=13 October 2012|df=dmy-all}}</ref> In 2013, she was honoured for her lifetime achievement at the [[26th European Film Awards]].<ref>{{cite web|url=http://www.europeanfilmawards.eu/en_EN/efanight/winners |title=Winners 2013 |work=[[European Film Awards]] |publisher=European Film Academy |accessdate=9 December 2013}}</ref> In 2015, she received the Lifetime Achievement Golden Orange Award from [[International Antalya Film Festival]], Turkey.<br />
<br />
==See also==<br />
* [[Cinema of France]]<br />
* [[History of cinema]]<br />
<br />
==References==<br />
{{reflist|30em}}<br />
<br />
==External links==<br />
{{Commons category}}<br />
* {{IMDb name}}<br />
* {{AllMovie name}}<br />
* [http://filmsdefrance.com/FDF_cdeneuve.html Catherine Deneuve] at filmsdefrance.com<br />
* {{Charlie Rose view|17546}}<br />
* {{NYTtopic|people/d/catherine_deneuve}}<br />
* [http://film.guardian.co.uk/interview/interviewpages/0,,1577158,00.html Catherine Deneuve interview] (21 September 2005)<br />
<br />
{{Navboxes<br />
|title = Awards for Catherine Deneuve<br />
|list =<br />
{{César Award for Best Actress}}<br />
{{David di Donatello for Best Foreign Actress}}<br />
{{European Film Award for Best Actress}}<br />
{{European Film Academy Lifetime Achievement Award}}<br />
{{Lincoln Center Gala Tribute}}<br />
{{Volpi Cup for Best Actress}}<br />
}}<br />
{{Chanel}}<br />
{{César Awards presidents}}<br />
<br />
{{Authority control}}<br />
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{{DEFAULTSORT:Deneuve, Catherine}}<br />
[[Category:Living people]]<br />
[[Category:1943 births]]<br />
[[Category:20th-century French actresses]]<br />
[[Category:21st-century French actresses]]<br />
[[Category:Best Actress César Award winners]]<br />
[[Category:Dorléac family]]<br />
[[Category:European Film Award for Best Actress winners]]<br />
[[Category:French activists]]<br />
[[Category:French women activists]]<br />
[[Category:French Roman Catholics]]<br />
[[Category:French film actresses]]<br />
[[Category:People from Paris]]<br />
[[Category:French humanitarians]]<br />
[[Category:French television actresses]]<br />
[[Category:French anti–death penalty activists]]<br />
[[Category:Recipients of the Order of Agricultural Merit]]<br />
[[Category:Volpi Cup winners]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Catherine_Deneuve&diff=886909264Catherine Deneuve2019-03-09T09:41:18Z<p>114.249.43.146: </p>
<hr />
<div>{{Redirect|Deneuve|the magazine formerly published with this name|Curve (magazine)|the fictional detective|L (Death Note)}}<br />
{{Use dmy dates|date=August 2017}}<br />
{{Infobox person<br />
| name = Catherine Deneuve<br />
| image = Catherine Deneuve 1995.jpg<br />
| caption = Deneuve in 1995<br />
| birth_name = Catherine Fabienne Dorléac<br />
| birth_date = {{Birth date and age|df=yes|1943|10|22}}<br />
| birth_place = [[Paris]], [[German military administration in occupied France during World War II|German-occupied France]]<br />
| occupation = Actress, model, singer, film producer<br />
| years_active = 1956–present<br />
| parents = [[Maurice Dorléac]]<br>[[Renée Simonot]]<br />
| relations = [[Françoise Dorléac]] (sister)<br />
| spouse = {{marriage|[[David Bailey]]<br>|1965|1972|reason=divorced}}<br />
| partner = [[Roger Vadim]] (1961-1964)<br>[[Marcello Mastroianni]] (1971-1975)<br>[[Hugh Johnson (cinematographer)|Hugh Johnson]] (1982-1983)<br>[[Pierre Lescure]] (1984-1991)<br />
| children = [[Christian Vadim]]<br>[[Chiara Mastroianni]]<br />
}}<br />
<br />
'''Catherine Fabienne Dorléac''' (born 22 October 1943), known professionally as '''Catherine Deneuve''' ({{IPA-fr|katʁin dənœv|lang}}), is a French actress as well as an occasional singer, model and producer. She gained recognition for her portrayal of icy, aloof and mysterious beauties for various directors, including [[Luis Buñuel]], [[François Truffaut]] and [[Roman Polanski]].<ref name=answers>[http://www.britannica.com/biography/Catherine-Deneuve Catherine Deneuve Biography] {{webarchive|url=https://web.archive.org/web/20160604132115/http://www.britannica.com/biography/Catherine-Deneuve |date=4 June 2016 }}. Britannica Concise Encyclopedia.</ref> In 1985, she succeeded [[Mireille Mathieu]] as the official face of [[Marianne]], France's national symbol of liberty. A 14-time [[César Award]] nominee, she won for her performances in Truffaut's ''[[The Last Metro]]'' (1980), for which she also won the [[David di Donatello]] for Best Foreign Actress, and [[Régis Wargnier]]'s ''[[Indochine (film)|Indochine]]'' (1992). She is also noted for her support for a variety of [[Liberalism|liberal causes]] and sometimes controversial statements.<br />
<br />
Deneuve made her film debut in 1957 and first came to prominence in [[Jacques Demy]]'s 1964 musical ''[[The Umbrellas of Cherbourg]]'', before going on to star for Polanski in ''[[Repulsion (film)|Repulsion]]'' (1965) and for Buñuel in ''[[Belle de Jour (film)|Belle de Jour]]'' (1967) and ''[[Tristana (film)|Tristana]]'' (1970). She was nominated for the [[BAFTA Award for Best Actress in a Leading Role|BAFTA Award for Best Actress]] for ''Belle de Jour'', and the [[Academy Award for Best Actress]] for ''Indochine''. She also won the 1998 [[Volpi Cup for Best Actress]] at the [[Venice Film Festival]] for ''[[Place Vendôme (film)|Place Vendôme]]''. Her English-language films include ''[[The April Fools]]'' (1969), ''[[Hustle (1975 film)|Hustle]]'' (1975), ''[[The Hunger (1983 film)|The Hunger]]'' (1983) and ''[[Dancer in the Dark]]'' (2000).<br />
<br />
==Early life==<br />
Deneuve was born Catherine Fabienne Dorléac in [[Paris]], the daughter of French stage actors [[Maurice Dorléac]] and [[Renée Simonot]]. Deneuve has two sisters, [[Françoise Dorléac]] (1942–1967) and Sylvie Dorléac (born 14 December 1946),<ref name="Yahoo! Movies">[https://movies.yahoo.com/movie/contributor/1800021971 Catherine Deneuve] {{webarchive|url=https://web.archive.org/web/20111110202621/http://movies.yahoo.com/movie/contributor/1800021971 |date=10 November 2011 }} at Yahoo! Movies</ref> as well as a maternal half-sister, Danielle, whom their mother had out of wedlock in 1937 with [[Aimé Clariond]], but who was later adopted by Maurice and took his surname. Deneuve was her mother's maiden name, which she chose for her stage name, in order to differentiate herself from her sisters. Deneuve attended Catholic schools.<ref>[http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm "The Los Angeles Times Interview from 1992"] {{webarchive|url=https://web.archive.org/web/20160304053057/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/LosAngelesTimes92.htm |date=4 March 2016 }} Tout Sur Deneuve</ref><br />
<br />
==Film career==<br />
Deneuve made her film debut with a small role in [[André Hunebelle]]'s ''[[:fr:Les Collégiennes|Les Collégiennes]]'' (1957) with her younger sister Sylvie Dorléac who, like their older half-sister Danielle, was an occasional child actress.<ref name="filmcomment">{{cite web|title= Catherine Deneuve interviewed by Arnaud Despelchin|publisher= ''[[Film Comment]]'' magazine (November/December 2008 edition)|url= http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|deadurl= no|archiveurl= https://web.archive.org/web/20140116115532/http://www.filmcomment.com/article/catherine-deneuve-interviewed-by-arnaud-desplechin|archivedate= 16 January 2014|df= dmy-all}}</ref> She subsequently appeared in several films for director [[Roger Vadim]] as well as in ''[[:fr:L'Homme à femmes (film, 1960)|L'Homme à femmes]]'' (1960), which caught the eye of [[Jacques Demy]], who cast Deneuve in his 1964 musical<br />
''[[Les Parapluies de Cherbourg]]'', the film that brought her to stardom.<ref name="filmcomment"/> Deneuve played the cold but erotic persona, for which she would be nicknamed the "ice maiden", in [[Roman Polanski]]'s horror classic ''[[Repulsion (film)|Repulsion]]'' (1965), reinforcing it in [[Luis Buñuel]]'s ''[[Belle de jour (film)|Belle de Jour]]'' (1967), and reaching a peak in ''[[Tristana (film)|Tristana]]'' (1970).<ref>{{cite news |title=Philip French's Screen Legends, The Observer Review, p.12 |date=1 February 2009 |url=https://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |location=London |work=The Guardian |deadurl=no |archiveurl=https://web.archive.org/web/20160308083920/http://www.theguardian.com/film/2009/feb/01/catherine-deneuve-philip-french-screenlegends |archivedate=8 March 2016 |df=dmy-all }}</ref> Her work for Buñuel would be her most famous.<ref>{{Cite book | first = Maxine | last = Block |author2=Anna Herthe Rothe |author3=Marjorie Dent Candee |author4=Charles Moritz | publisher=H.W. Wilson Co. | year = 1978 | title = Current Biography Yearbook | page = 98 | isbn = 978-99973-770-2-9| quote = Catherine Deneuve has also&nbsp;... been called the "ice maiden" because of the aloof and enigmatic personality she has glacially portrayed in such classic art films as Polanski's ''Repulsion''&nbsp;... <br />
}}</ref><ref>{{Cite news|first=Alice|last=Jones|url=http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|archive-url=https://web.archive.org/web/20081110073606/http://findarticles.com/p/articles/mi_qn4158/is_/ai_n18724578|dead-url=yes|archive-date=10 November 2008|title=Catherine the great: Deneuve's five finest roles|work=The Independent|date=7 March 2007|accessdate=10 September 2008|quote = The first and most chilling of Deneuve's classic ice-maiden roles." "Deneuve's best-known role.}} </ref><br />
<br />
Further prominent films from this early time in her career included [[Jean-Paul Rappeneau]]'s ''[[A Matter of Resistance]]'' (1966), Demy's musical ''[[The Young Girls of Rochefort|Les Demoiselles de Rochefort]]'' (1967) and [[François Truffaut]]'s romantic thriller ''[[Mississippi Mermaid]]'' (1969). Deneuve remained active in European films during the 1960s and 1970s, though she limited her appearances in American films of the period to ''[[The April Fools]]'' (1969), a romantic comedy with [[Jack Lemmon]], and ''[[Hustle (1975 film)|Hustle]]'' (1975), a crime drama with [[Burt Reynolds]]. Her starring roles at the time were featured in such films as ''[[A Slightly Pregnant Man]]'' (1973) with [[Marcello Mastroianni]] and ''[[Le Sauvage]]'' (1975) with [[Yves Montand]].<br />
<br />
[[Image:MJK34539 Catherine Deneuve (Sage Femme, Berlinale 2017).jpg|thumb|Catherine Deneuve at the [[67th Berlin International Film Festival|2017 Berlin Film Festival]]]]<br />
In the 1980s, Deneuve's films included [[François Truffaut]]'s ''[[Le Dernier métro (film)|Le Dernier métro]]'' (1980), for which she won the [[César Award for Best Actress]], and [[Tony Scott]]'s ''[[The Hunger (1983 film)|The Hunger]]'' (1983) as a bisexual vampire, co-starring with [[David Bowie]] and [[Susan Sarandon]], a role which brought her a significant lesbian and cult following, mostly among the gothic subculture.<ref>{{Cite news|first=Matthew |last=Sweet |title=My lips are sealed&nbsp;... In her new film, 8 Women, the French icon Catherine Deneuve shares a kiss with her co-star Fanny Ardant. It's not her favourite part of the movie, she tells Matthew Sweet |work=The Independent |location=UK |date=29 November 2002 |url=http://www.highbeam.com/doc/1G1-94716710.html |quote=she cackles with delight when I ask her if the scene has pleased her army of lesbian fans&nbsp;... She acquired this following Tony Scott's vampire flick "The Hunger" (1983), in which she played a fanged seductress&nbsp;... who took her sweet time getting to Susan Sarandon's jugular&nbsp;... |deadurl=yes |archiveurl=https://web.archive.org/web/20070602200046/http://www.highbeam.com/doc/1G1-94716710.html |archivedate=2 June 2007 }} {{subscription required}}</ref> She made her debut film as a producer in 1988, ''[[A Strange Place to Meet|Drôle d'endroit pour une rencontre]]'', alongside frequent co-star [[Gerard Depardieu]].<br />
<br />
In the early 1990s, Deneuve's more significant roles included 1992's ''[[Indochine (film)|Indochine]]'' opposite [[Vincent Perez]], for which she was nominated for an [[Academy Award for Best Actress]] and won a second César Award for Best Actress; and [[André Téchiné]]'s two movies, ''[[Ma saison préférée]]'' (1993) and ''[[Les Voleurs]]'' (1996). In 1997, Deneuve was the protagonist in the music video for the song ''N'Oubliez Jamais'' sung by [[Joe Cocker]]. In 1998 she won acclaim and the [[Volpi Cup]] at the [[Venice Film Festival]] for her performance in ''[[Place Vendôme (film)|Place Vendôme]]''. In the late 1990s, Deneuve continued to appear in a large number of films such as 1999's five films ''[[East/West|Est-Ouest]]'', ''[[Time Regained (film)|Le temps retrouvé]]'', ''[[Pola X]]'', ''[[Belle maman]]'', and ''[[:fr:Le Vent de la nuit (film)|Le Vent de la nuit]]''.<br />
<br />
In 2000, Deneuve's part in [[Lars von Trier]]'s musical drama ''[[Dancer in the Dark (film)|Dancer in the Dark]]'' alongside Icelandic singer [[Björk]] was subject to considerable critical scrutiny. The film was selected for the [[Palme d'Or]] at the Cannes Film Festival. She made another foray into Hollywood the following year, starring in ''[[The Musketeer]]'' (2001) for [[Peter Hyams]]. In 2002, she shared the Silver Bear Award for Best Ensemble Cast at the [[Berlin International Film Festival]] for her performance in ''[[8 Women]]''. In 2005, Deneuve published her diary ''A l'ombre de moi-meme'' ("In My Own Shadow", published in English as ''Close Up and Personal: The Private Diaries of Catherine Deneuve''); in it she writes about her experiences shooting the films ''[[Indochine (film)|Indochine]]'' and ''[[Dancer in the Dark (film)|Dancer in the Dark]]''. She also provided the [[voice acting|voice role]] of [[Marjane Satrapi]]'s mother in Satrapi's animated autobiographical film ''[[Persepolis (film)|Persepolis]]'' (2007), based on the graphic novel of the [[Persepolis (comics)|same name]]. In 2008, she appeared in her 100th film, ''[[A Christmas Tale|Un conte de Noël]]''.<ref>{{cite news |url=http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |title=Seven decades of era-defining glamour from Cannes |date=21 May 2014 |publisher=CNN |deadurl=no |archiveurl=https://web.archive.org/web/20160513063448/http://edition.cnn.com/2014/05/21/showbiz/gallery/cannes-fashion-through-the/ |archivedate=13 May 2016 |df=dmy-all }}</ref><br />
<br />
Deneuve's recent work includes ''[[Potiche]]'' (2010) with frequent co-star Depardieu, ''[[The Beloved (2011 film)|Les Bien-aimés]]'' (2012), alongside former co-stars [[Ludivine Sagnier]] and [[Chiara Mastroianni]], the popular French adventure comedy ''[[Asterix and Obelix: God Save Britannia]]'' (2012) with [[Gerard Depardieu]] and [[Valérie Lemercier]], screenwriter and director [[Emmanuelle Bercot]]'s ''[[On My Way (film)|On My Way]]'' (2013), [[Palme D'or]] winning writer/director [[Pierre Salvadori]]'s comedy drama ''[[In the Courtyard]]'' (2014), and [[André Téchiné]]'s drama ''[[In the Name of My Daughter]]'' (2014). In 2017, she co-starred alongside [[Catherine Frot]], in writer/director [[Martin Provost]]'s French drama ''[[The Midwife]]'', which has been acquired by [[Music Box Films]] for a summer 2017 distribution in the United States.<ref>{{cite news|url=https://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|title=Catherine Deneuve's 'The Midwife' Lands at Music Box|date=3 May 2017|publisher=Variety|deadurl=no|archiveurl=https://web.archive.org/web/20170816064150/http://variety.com/2017/film/news/catherine-deneuve-the-midwife-music-box-1202407965/|archivedate=16 August 2017|df=dmy-all}}</ref><ref>{{cite news|url=http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|title=Music Box Delivering 'The Midwife'|date=4 May 2017|publisher=Deadline|deadurl=no|archiveurl=https://web.archive.org/web/20170506071929/http://deadline.com/2017/05/dave-made-a-maze-the-midwife-release-dates-1202082901/|archivedate=6 May 2017|df=dmy-all}}</ref><br />
<br />
==Career outside film==<br />
<br />
===Modeling===<br />
[[File:Catherine Deneuve 1999.jpg|thumb|upright|Deneuve in 1999]]<br />
Deneuve appeared nude in two ''[[Playboy]]'' pictorials in 1963 and 1965.<ref name="Lisanti2001">{{cite book|author=Tom Lisanti|title=Fantasy Femmes of Sixties Cinema: Interviews with 20 Actresses from Biker, Beach, and Elvis Movies|url=https://books.google.com/books?id=2_E6M3LEGP4C&pg=PA12|year=2001|publisher=McFarland|isbn=978-0-7864-0868-9|pages=12–}}</ref> Her image was used to represent [[Marianne]], the national symbol of France, from 1985 to 1989.{{cn|date=January 2018}} As the face of [[Chanel No. 5]] in the late 1970s, she caused sales of the perfume to soar in the United States{{spaced ndash}}so much so that the American press, captivated by her charm, nominated her as the world's most elegant woman.<ref name=brandhot>{{cite web |url=http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |title=Chanel ad campaign, USA 1975 |publisher=Brandhot.de |date=22 February 1999 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110228131540/http://www.brandhot.de/parfum/chanel-no5-catherine-deneuve/72/ |archivedate=28 February 2011 |df=dmy-all }}</ref> In 1983, American Home Products retained her to represent their cosmetics line and hired world-renowned photographer [[Richard Avedon]] to promote its line of ''Youth Garde'' cosmetics, for which she famously proclaimed, "Look closely. Next year I will be 40."<br />
<br />
She is considered the muse of designer [[Yves Saint Laurent (designer)|Yves Saint Laurent]]; he dressed her in the films, ''[[Belle de jour (film)|Belle de Jour]]'', ''[[La Chamade (film)|La Chamade]]'', ''[[Mississippi Mermaid|La sirène du {{sic|hide=y|Mississipi}}]]'', ''[[Un flic]]'', ''[[Liza (1972 film)|Liza]]'' and ''[[The Hunger (1983 film)|The Hunger]]''. In 1992, she became a model for his skincare line.<br />
In 2001, she was chosen as the new face of [[L'Oréal Paris]]. In 2006, Deneuve became the third inspiration for the M•A•C Beauty Icon series and collaborated on the colour collection that became available at M•A•C locations worldwide in February that year. Deneuve began appearing in the new [[Louis Vuitton]] luggage advertisements in 2007. Deneuve was listed as one of the fifty best-dressed over 50s by the ''Guardian'' in March 2013.<ref>{{cite news|title=The 50 best-dressed over 50s|url=https://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|newspaper=The Guardian|location=London|first1=Jess|last1=Cartner-Morley|first2=Helen|last2=Mirren|first3=Arianna|last3=Huffington|first4=Valerie|last4=Amos|date=28 March 2013|deadurl=no|archiveurl=https://web.archive.org/web/20160420140223/http://www.theguardian.com/fashion/gallery/2013/mar/29/50-best-dressed-over-50s|archivedate=20 April 2016|df=dmy-all}}</ref> In July 2017, Deneuve appeared in a video campaign for [[Louis Vuitton]] entitled ''Connected Journeys'', celebrating the launch of the brand's Tambour Horizon smartwatch, which also featured celebrities, including [[Jennifer Connelly]], [[Bae Doona]], [[Jaden Smith]] and [[Miranda Kerr]].<ref>{{cite web|title=The First Louis Vuitton Smartwatch is here|url=http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|date=11 July 2017|work=[[Harper's Bazaar]]|accessdate=19 August 2017|deadurl=no|archiveurl=https://web.archive.org/web/20170818221805/http://www.harpersbazaar.com/fashion/trends/a10288847/louis-vuitton-smartwatch/|archivedate=18 August 2017|df=dmy-all}}</ref><br />
<br />
===Entrepreneurial===<br />
In 1986, Deneuve introduced her own perfume, ''Deneuve''.<ref>{{cite news| url=http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| title=French Film Star Deneuve Introduces Own Fragrance| accessdate=4 January 2014| work=Los Angeles Times| first=Timothy| last=Hawkins| date=11 April 1986| deadurl=no| archiveurl=http://archive.wikiwix.com/cache/20140105225915/http://articles.latimes.com/1986-04-11/news/vw-4022_1_scent| archivedate=5 January 2014| df=dmy-all}}</ref> She is also a designer of glasses, shoes, jewelry and greeting cards.{{citation needed|date=July 2013}}<br />
<br />
==Charities==<br />
* Deneuve was appointed [[UNESCO]] [[Goodwill Ambassador]] for the Safeguarding of Film Heritage in 1994 until her resignation on 12 November 2003.<br />
* Deneuve asked that the rights owed to her from her representation of Marianne be given to [[Amnesty International]].<ref name=politique>{{fr icon}}[http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm#int1 "Amnesty International et lutte contre la peine de mort"] {{webarchive|url=https://web.archive.org/web/20070703230838/http://toutsurdeneuve.free.fr/Francais/Pages/Personnalite_Engagements/Politique.htm |date=3 July 2007 }} Tout sur Deneuve</ref><br />
* [[Louis Vuitton]] made a donation to [[The Climate Project]], spearheaded by [[Al Gore]], on behalf of Deneuve.<br />
* Deneuve is also involved with [[Children Action]], [[Children of Africa]], [[Orphelins Roumains]] and [[Reporters Without Borders]].<br />
* [[Pain Without Borders|Douleur sans frontiers]] (Pain Without Borders) – At the end of 2003, Deneuve recorded a radio commercial to encourage donations to fight against the pain in the world, notably for the victims of landmines.<ref name=galabio>{{cite web|url=http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |title=Catherine Deneuve Bio |language=fr |publisher=www.gala.fr |date= |accessdate=1 March 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20080903103813/http://www.gala.fr/les_stars/leurs_bio/deneuve_catherine |archivedate=3 September 2008 |df= }}</ref><br />
* [[Handicap International]] – In the middle of July 2005, Deneuve lent her voice to the message of radio commercials, TV and cinema, which denounced the use of the BASM (cluster bombs).<br />
* [[Voix de femmes pour la démocratie]] (Voice of women for democracy) – Deneuve read the text, "Le petit garçon", of [[Jean-Lou Dabadie]], on the entitled CD, "Voix de femmes pour la démocratie." The CD was sold for the benefit of the female victims of the war and the fundamentalisms that fight for democracy.<br />
* Deneuve has also been involved with various charities in the fight against AIDS and cancer.<ref name="galabio"/><br />
<br />
==Political involvement==<br />
[[File:Catherine Deneuve Césars 2011.jpg|thumb|upright|Deneuve at the [[36th César Awards|2011 César Awards]].]]<br />
* In 1972, Deneuve signed the [[Manifesto of the 343]]. The manifesto was an admission by its signers to have practiced illegal abortions and therefore exposed themselves to judicial actions and prison sentences. It was published in ''[[Le Nouvel Observateur]]'' on 5 April 1971. That same year, feminist lawyer [[Gisèle Halimi]] founded the group, Choisir ("To Choose"), to protect the women who had signed the Manifesto of the 343.<br />
* Deneuve is involved with Amnesty International's program to abolish the death penalty.<br />
* In 2001, Deneuve delivered a petition organized by the French-based group, "Together Against the death penalty", to the U.S. Embassy in Paris.<ref name="deathpentaly">{{Cite news | url = http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | title = French horrified by execution | publisher = BBC NEWS | date = 14 May 2001 | first = James | last = Coomarasamy | deadurl = no | archiveurl = https://web.archive.org/web/20160305045022/http://news.bbc.co.uk/2/hi/programmes/pm/1330501.stm | archivedate = 5 March 2016 | df = dmy-all }}</ref><br />
* In April 2007, Deneuve signed a petition on the internet protesting against the "misogynous" treatment of socialist presidential candidate [[Ségolène Royal]]. More than 8,000 French men and women signed the petition, including French actress [[Jeanne Moreau]].<ref name=royal>{{Cite news|url=http://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_&quotmisogynous&quot_treatment_of_Royal |title=Thousands sign petition against "misogynous" treatment of Royal |work=Europe News on Monsters and Critics |publisher=Deutsche Presse-Agentur |date=12 April 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20140117024536/https://news.monstersandcritics.com/europe/news/article_1290483.php/Thousands_sign_petition_against_%26quotmisogynous%26quot_treatment_of_Royal |archivedate=17 January 2014 |df=dmy }}</ref><br />
* In January 2018, Deneuve signed an open letter denouncing women's right to publicly call out perpetrators of sexual harassment and assault, complaining that this had become a witch hunt, and that there can be no right for a woman to say "no" to a sexual proposition from a man, without the accompanying right for a man to first make such a proposition.<ref>{{cite web|url=https://www.bbc.com/news/world-europe-42687157|title=Deneuve apologises to sex assault victims|author=|date=8 May 2018|publisher=|accessdate=8 May 2018|via=www.bbc.com|deadurl=no|archiveurl=https://web.archive.org/web/20180318123424/http://www.bbc.com/news/world-europe-42687157|archivedate=18 March 2018|df=dmy-all}}</ref><br />
<br />
==Personal life==<br />
Deneuve speaks fluent French, Italian and English and has some knowledge of Spanish, though she does not speak the language fluently. Her hobbies and passions include gardening, drawing, photography, reading, music, cinema, fashion, antiques and decoration.<ref name="galabio"/><br />
<br />
Deneuve has been married once,<ref>{{cite web |author=Isabelle Vautier |url=http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |title=Tout sur Catherine Deneuve – Interview parue dans ''The Advocate'' (1995) |publisher=Toutsurdeneuve.free.fr |year=1955 |accessdate=1 March 2011 |deadurl=no |archiveurl=https://web.archive.org/web/20110720231501/http://toutsurdeneuve.free.fr/Francais/Pages/Interviews_Presse9099/Advocate95.htm |archivedate=20 July 2011 |df=dmy-all }}</ref> to photographer [[David Bailey (photographer)|David Bailey]] from 1965 to 1972.<ref name="Yahoo! Movies"/> She has lived with director [[Roger Vadim]],<ref>{{cite news |author=Stephanie Bunbury |url=http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |title=Catherine Deneuve's Frosty Charm |publisher=''[[The Sydney Morning Herald]]'' |date=23 November 2013 |accessdate=23 November 2013 |deadurl=no |archiveurl=https://web.archive.org/web/20131123123224/http://www.smh.com.au/entertainment/movies/catherine-deneuves-frosty-charm-20131121-2xwbb.html |archivedate=23 November 2013 |df=dmy-all }}</ref> actor [[Marcello Mastroianni]],<ref name = "Yahoo! Movies"/> cinematographer [[Hugh Johnson (cinematographer)|Hugh Johnson]],<ref>{{cite book|author=John Cigarini|title=Johnny Cigarini: Confessions of a King's Road Cowboy|year=2014|publisher=Troubador Publishing Ltd|isbn=1-78462-806-9}}</ref> Spanish model and current television presenter Carlos Lozano,<ref>{{cite news |author=Jesus Manuel Ruiz |url=https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |title=El 'affaire' (hasta ahora desconocido) entre Carlos Lozano y Catherine Deneuve |publisher=''[[Vanitatis]]'' |date=10 March 2016 |accessdate=15 January 2018 |deadurl=no |archiveurl=https://web.archive.org/web/20180116135059/https://www.vanitatis.elconfidencial.com/noticias/2016-03-10/el-affaire-hasta-ahora-desconocido-entre-carlos-lozano-y-catherine-deneuve_1166166/ |archivedate=16 January 2018 |df=dmy-all }}</ref> and [[Canal+]] tycoon [[Pierre Lescure]].<ref name = "Yahoo! Movies"/><br />
<br />
Deneuve has two children: actor [[Christian Vadim]], from her relationship with Roger Vadim, and actress [[Chiara Mastroianni]], from her relationship with Marcello Mastroianni. She has five grandchildren.<ref name = "Yahoo! Movies"/><br />
<br />
Deneuve is close friends with the artist [[Fred Nall Hollis|Nall]] and owns some of his works.<ref>{{cite web|url=https://www.nytimes.com/2009/10/07/greathomesanddestinations/07gh-france.html|title=In France, an Artist’s Retreat}}</ref><br />
<br />
==Filmography==<br />
{| class="wikitable sortable"<br />
! Year<br />
! Title<br />
! Role<br />
! Director<br />
! class="unsortable" | Notes<br />
|-<br />
| 1957<br />
| ''Les Collégiennes''<br />
| Une grande<br />
| [[André Hunebelle]]<br />
| <br />
|-<br />
| 1960<br />
| ''{{Interlanguage link multi|L'Homme à femmes|fr|3=L'Homme à femmes (film, 1960)}}''<br />
| Catherine<br />
| {{ill|Jacques-Gérard Cornu|fr}}<br />
| <br />
|-<br />
| 1960<br />
| ''Les Portes claquent''<br />
| Dany<br />
| [[Michel Fermaud]]<br>[[Jacques Poitrenaud]]<br />
| <br />
|-<br />
| 1962<br />
| ''Les Parisiennes''<br />
| Sophie<br />
| [[Marc Allégret]]<br />
| <br />
|-<br />
| 1962<br />
| ''Ça c'est la vie''<br />
| <br />
| [[Claude Choublier]]<br />
| [[Short film]]<br />
|-<br />
| 1962<br />
| ''[[Et Satan conduit le bal]]''<br />
| Manuelle<br />
| Grisha Dabat<br />
| <br />
|-<br />
| 1963<br />
| ''[[Vice and Virtue]]''<br />
| Justine Morand<br />
| [[Roger Vadim]]<br />
| <br />
|-<br />
| 1963<br />
| ''[[Portuguese Vacation]]''<br />
| Catherine<br />
| [[Pierre Kast]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[The Umbrellas of Cherbourg]]''<br />
| Geneviève Emery<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Les Plus belles escroqueries du monde]]''<br />
| Swindler<br />
| [[Claude Chabrol]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[La Chasse à l'homme]]''<br />
| Denise<br />
| [[Édouard Molinaro]]<br />
| <br />
|-<br />
| 1964<br />
| ''[[Male Companion]]''<br />
| Isabelle<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1964<br />
| ''La Costanza della ragione''<br />
| Lori<br />
| [[Pasquale Festa Campanile]]<br />
| <br />
|-<br />
| 1965<br />
| ''Les Petits chats''<br />
| <br />
| {{ill|Jacques R. Villa|fr}}<br />
| <br />
|-<br />
| 1965<br />
| ''[[Repulsion (film)|Repulsion]]''<br />
| Carol<br />
| [[Roman Polanski]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Who Wants to Sleep?]]''<br />
| Angela Claasen<br />
| [[Rolf Thiele]]<br>[[Axel von Ambesser]]<br>[[Alfred Weidenmann]]<br />
| <br />
|-<br />
| 1965<br />
| ''[[Le Chant du monde (film)|Le Chant du monde]]''<br />
| Clara<br />
| [[Marcel Camus]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[A Matter of Resistance]]''<br />
| Marie<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1966<br />
| ''[[Les Créatures]]''<br />
| Mylène<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[The Young Girls of Rochefort]]''<br />
| Delphine Garnier<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1967<br />
| ''[[Belle de Jour (film)|Belle de Jour]]''<br />
| Séverine Serizy / Belle de Jour<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Benjamin (film)|Benjamin]]''<br />
| Anne de Clécy<br />
| [[Michel Deville]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Manon 70]]''<br />
| Manon<br />
| [[Jean Aurel]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[Mayerling (1968 film)|Mayerling]]''<br />
| Maria Vetsera<br />
| [[Terence Young (director)|Terence Young]]<br />
| <br />
|-<br />
| 1968<br />
| ''[[La Chamade (film)|La Chamade]]''<br />
| Lucile<br />
| [[Alain Cavalier]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[The April Fools]]''<br />
| Catherine Gunther<br />
| [[Stuart Rosenberg]]<br />
| <br />
|-<br />
| 1969<br />
| ''[[Mississippi Mermaid]]''<br />
| Julie Roussel / Marion Vergano<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1969<br />
| ''{{Interlanguage link multi|Tout peut arriver|fr|3=Tout peut arriver (film, 1969)|lt=Tout peut arriver}}''<br />
| Interviewee<br />
| [[Philippe Labro]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Tristana (film)|Tristana]]''<br />
| Tristana<br />
| [[Luis Buñuel]]<br />
| <br />
|-<br />
| 1970<br />
| ''[[Peau d'Âne]]''<br />
| Princess / 'Donkey Skin'<br />
| [[Jacques Demy]]<br />
| <br />
|-<br />
| 1971<br />
| ''[[It Only Happens to Others]]''<br />
| Catherine<br />
| [[Nadine Trintignant]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Liza (1972 film)|Liza]]''<br />
| Liza<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1972<br />
| ''[[Un flic]]''<br />
| Cathy<br />
| [[Jean-Pierre Melville]]<br />
| <br />
|-<br />
| 1973<br />
| ''[[A Slightly Pregnant Man]]''<br />
| Irène de Fontenoy<br />
| [[Jacques Demy]]<br />
|<br />
|-<br />
| 1974<br />
| ''[[Don't Touch the White Woman!]]''<br />
| Marie-Hélène de Boismonfrais<br />
| [[Marco Ferreri]]<br />
| <br />
|-<br />
| 1974<br />
| ''[[Drama of the Rich]]''<br />
| Linda Murri<br />
| [[Mauro Bolognini]]<br />
| <br />
|-<br />
| 1974<br />
| ''{{Interlanguage link multi|La femme aux bottes rouges|fr|3=La femme aux bottes rouges}}''<br />
| Françoise LeRoi<br />
| [[Juan Luis Buñuel]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|Zig-Zig|fr}}''<br />
| Marie<br />
| [[László Szabó (actor)|László Szabó]]<br />
| <br />
|-<br />
| 1975<br />
| ''{{Interlanguage link multi|L'Agression|fr|3=L'Agression (film, 1975)|lt=L'Agression}}''<br />
| Sarah<br />
| [[Gérard Pirès]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Lovers Like Us]]''<br />
| Nelly<br />
| [[Jean-Paul Rappeneau]]<br />
| <br />
|-<br />
| 1975<br />
| ''[[Hustle (1975 film)|Hustle]]''<br />
| Nicole Britton<br />
| [[Robert Aldrich]]<br />
| <br />
|-<br />
| 1976<br />
| ''[[If I Had to Do It All Over Again]]''<br />
| Catherine Berger<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Anima persa]]''<br />
| Sofia Stolz<br />
| [[Dino Risi]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[March or Die (film)|March or Die]]''<br />
| Simone Picard<br />
| [[Dick Richards]]<br />
| <br />
|-<br />
| 1977<br />
| ''[[Beach House (film)|Beach House]]''<br />
| La donna del sogno<br />
| [[Sergio Citti]]<br />
| <br />
|-<br />
| 1978<br />
| ''[[L'Argent des autres]]''<br />
| Cécile Rainier<br />
| [[Christian de Chalonge]]<br />
| <br />
|-<br />
| 1979<br />
| ''{{Interlanguage link multi|Ils sont grands, ces petits|fr}}''<br />
| Louise Mouchin<br />
| [[Joël Santoni]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Us Two (film)|Us Two]]''<br />
| Françoise<br />
| [[Claude Lelouch]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Courage - Let's Run]]''<br />
| Eva<br />
| [[Yves Robert]]<br />
| <br />
|-<br />
| 1979<br />
| ''[[Écoute voir]]''<br />
| Claude Alphand<br />
| [[Hugo Santiago]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[The Last Metro]]''<br />
| Marion Steiner<br />
| [[François Truffaut]]<br />
| <br />
|-<br />
| 1980<br />
| ''[[Je vous aime]]''<br />
| Alice<br />
| [[Claude Berri]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Le Choix des armes]]''<br />
| Nicole Durieux<br />
| [[Alain Corneau]]<br />
| <br />
|-<br />
| 1981<br />
| ''[[Hotel America]]''<br />
| Hélène<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1982<br />
| ''[[Le choc]]''<br />
| Claire<br />
| [[Robin Davis (director)|Robin Davis]]<br />
|<br />
|-<br />
| 1983<br />
| ''{{Interlanguage link multi|L'Africain (film)|fr|3=L'Africain (film)|lt=L'Africain}}''<br />
| Charlotte<br />
| [[Philippe de Broca]]<br />
| <br />
|-<br />
| 1983<br />
| ''[[The Hunger (1983 film)|The Hunger]]''<br />
| Miriam Blaylock<br />
| [[Tony Scott]]<br />
|<br />
|-<br />
| 1984<br />
| ''[[Le Bon Plaisir]]''<br />
| Claire Després<br />
| [[Francis Girod]]<br />
| <br />
|-<br />
| 1984<br />
| ''[[Fort Saganne]]''<br />
| Louise<br />
| [[Alain Corneau]]<br />
|<br />
|-<br />
| 1984<br />
| ''{{Interlanguage link multi|Paroles et Musique|fr|3=Paroles et Musique (film)|lt=Paroles et Musique}}''<br />
| Margaux<br />
| [[Élie Chouraqui]]<br />
|<br />
|-<br />
| 1986<br />
| ''[[Speriamo che sia femmina]]''<br />
| Claudia<br />
| [[Mario Monicelli]]<br />
| <br />
|-<br />
| 1986<br />
| ''[[Scene of the Crime (1986 film)|Scene of the Crime]]''<br />
| Lili Ravenel<br />
| [[André Téchiné]]<br />
|<br />
|-<br />
| 1987<br />
| ''[[Agent trouble]]''<br />
| Amanda Weber<br />
| [[Jean-Pierre Mocky]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[Fréquence meurtre]]''<br />
| Jeanne Quester<br />
| [[Élisabeth Rappeneau]]<br />
| <br />
|-<br />
| 1988<br />
| ''[[A Strange Place to Meet]]''<br />
| France<br />
| [[François Dupeyron]]<br />
| <br />
|-<br />
| 1991<br />
| ''{{Interlanguage link multi|La Reine blanche|fr}}''<br />
| Liliane Ripoche<br />
| [[Jean-Loup Hubert]]<br />
| <br />
|-<br />
| 1992<br />
| ''[[Indochine (film)|Indochine]]''<br />
| Eliane<br />
| [[Régis Wargnier]]<br />
| <br />
|-<br />
| 1993<br />
| ''[[My Favorite Season]]''<br />
| Emilie<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1994<br />
| ''{{Interlanguage link multi|La Partie d'échecs|fr}}''<br />
| Marquise<br />
| {{ill|Yves Hanchar|fr}}<br />
| <br />
|-<br />
| 1995<br />
| ''[[One Hundred and One Nights]]''<br />
| The star-fantasy<br />
| [[Agnès Varda]]<br />
| <br />
|-<br />
| 1995<br />
| ''[[The Convent (film)|The Convent]]''<br />
| Hélène<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 1996<br />
| ''[[Thieves (1996 film)|Thieves]]''<br />
| Marie Leblanc<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 1996<br />
| ''Court toujours: L'inconnu''<br />
| Marianne<br />
| [[Ismaël Ferroukhi]]<br />
| Short film<br />
|-<br />
| 1997<br />
| ''[[Genealogies of a Crime]]''<br />
| Jeanne / Solange<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1997<br />
| ''Sans titre''<br />
|<br />
| [[Leos Carax]]<br />
| Short film<br />
|-<br />
| 1998<br />
| ''[[Place Vendôme (film)|Place Vendôme]]''<br />
| Marianne Malivert<br />
| [[Nicole Garcia]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Le vent de la nuit]]''<br />
| Hélène<br />
| [[Philippe Garrel]]<br />
| English title: ''Night Wind''<br />
|-<br />
| 1999<br />
| ''[[Belle maman]]''<br />
| Léa<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Pola X]]''<br />
| Marie<br />
| [[Leos Carax]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[Time Regained (film)|Time Regained]]''<br />
| Odette de Crecy<br />
| [[Raúl Ruiz (director)|Raúl Ruiz]]<br />
| <br />
|-<br />
| 1999<br />
| ''[[East/West]]''<br />
| Gabrielle Develay<br />
| [[Régis Wargnier]]<br />
|<br />
|-<br />
| 2000<br />
| ''[[Dancer in the Dark]]''<br />
| Kathy<br />
| [[Lars von Trier]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[I'm Going Home (film)|I'm Going Home]]''<br />
| Marguerite<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[Absolument fabuleux]]''<br />
| A spectator of the parade (cameo)<br />
| [[Gabriel Aghion]]<br />
| <br />
|-<br />
| 2001<br />
| ''[[The Musketeer]]''<br />
| The Queen<br />
| [[Peter Hyams]]<br />
| <br />
|-<br />
| 2001<br />
| ''Le petit poucet''<br />
| The Queen<br />
| [[Olivier Dahan]]<br />
| <br />
|-<br />
| 2002<br />
| ''[[8 Women]]''<br />
| Gaby<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2002<br />
| ''Au plus près du paradis''<br />
| Fanette<br />
| [[Tonie Marshall]]<br />
| <br />
|-<br />
| 2003<br />
| ''[[Les Liaisons dangereuses (TV miniseries)|Les Liaisons dangereuses]]''<br />
| Marquise Isabelle de Merteuil<br />
| <br />
| [[Miniseries]]<br />
|-<br />
| 2003<br />
| ''[[A Talking Picture]]''<br />
| Delfina<br />
| [[Manoel de Oliveira]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[:fr:Princesse Marie|Princesse Marie]]''<br />
| [[Princess Marie Bonaparte]]<br />
| [[Benoît Jacquot]]<br />
| [[Television film]]<br />
|-<br />
| 2004<br />
| ''[[Kings and Queen]]''<br />
| Mme Vasset<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2004<br />
| ''[[Changing Times (film)|Changing Times]]''<br />
| Cécile<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2005<br />
| ''Palais royal!''<br />
| Eugénia<br />
| [[Valérie Lemercier]]<br />
| <br />
|-<br />
| 2006<br />
| ''{{Interlanguage link multi|The Stone Council|fr|3=Le Concile de pierre (film)|lt=Le concile de pierre}}''<br />
| Sybille Weber<br />
| [[Guillaume Nicloux]]<br />
| <br />
|-<br />
| 2006<br />
| ''[[Nip/Tuck]]''<br />
| Diana Lubey<br />
| [[Ryan Murphy (writer)|Ryan Murphy]]<br />
| Episode: "Diana Lubey"<br />
|-<br />
| 2006<br />
| ''Le héros de la famille''<br />
| Alice Mirmont<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2007<br />
| ''Après lui''<br />
| Camille<br />
| [[Gaël Morel]]<br />
| <br />
|-<br />
| 2007<br />
| ''[[Persepolis (film)|Persepolis]]''<br />
| Taji Satrapi, Marjane's mother (voice)<br />
| [[Marjane Satrapi]]<br>[[Vincent Paronnaud]]<br />
| <br />
|-<br />
| 2007<br />
| ''Pouvoir et séduction''<br />
| Elegant Lady<br />
| {{ill|Maria von Heland|de}}<br />
| Television film<br />
|-<br />
| 2008<br />
| ''[[A Christmas Tale]]''<br />
| Junon Vuillard<br />
| [[Arnaud Desplechin]]<br />
| <br />
|-<br />
| 2008<br />
| ''Je veux voir''<br />
| The famous actress<br />
| [[Joana Hadjithomas]]<br>[[Khalil Joreige]]<br />
| <br />
|-<br />
| 2008<br />
| ''Mes stars et moi''<br />
| Solange Duvivier<br />
| {{ill|Laetitia Colombani|fr}}<br />
| <br />
|-<br />
| 2009<br />
| ''Cyprien''<br />
| Vivianne Wagner<br />
| {{ill|David Charhon|fr}}<br />
|<br />
|-<br />
| 2009<br />
| ''[[The Girl on the Train (2009 film)|The Girl on the Train]]''<br />
| Louise<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Park Benches]]''<br />
| The client to the cupboard<br />
| [[Bruno Podalydès]]<br />
| <br />
|-<br />
| 2009<br />
| ''[[Hidden Diary]]''<br />
| Martine<br />
| [[Julie Lopes-Curval]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[Potiche]]''<br />
| Suzanne Pujol<br />
| [[François Ozon]]<br />
| <br />
|-<br />
| 2010<br />
| ''[[The Big Picture (2010 film)|The Big Picture]]''<br />
| Anne<br />
| {{ill|Eric Lartigau|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''Les yeux de sa mère''<br />
| Lena Weber<br />
| {{ill|Thierry Klifa|fr}}<br />
| <br />
|-<br />
| 2011<br />
| ''[[The Beloved (2011 film)|The Beloved]]''<br />
| Madeleine<br />
| [[Christophe Honoré]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Lines of Wellington]]''<br />
| Severina<br />
| [[Valeria Sarmiento]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[God Loves Caviar]]''<br />
| Empress Catherine II of Russia<br />
| [[Yannis Smaragdis]]<br />
| <br />
|-<br />
| 2012<br />
| ''[[Asterix and Obelix: God Save Britannia]]''<br />
| Queen Cordelia<br />
| [[Laurent Tirard]]<br />
| <br />
|-<br />
| 2013<br />
| ''[[On My Way (film)|On My Way]]''<br />
| Bettie<br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Courtyard]]''<br />
| Mathilde<br />
| [[Pierre Salvadori]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[Three Hearts (film)|Three Hearts]]''<br />
| The mother <br />
| [[Benoît Jacquot]]<br />
| <br />
|-<br />
| 2014<br />
| ''[[In the Name of My Daughter]]''<br />
| Renée Le Roux<br />
| [[André Téchiné]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[The Brand New Testament]]''<br />
| Martine <br />
| [[Jaco Van Dormael]]<br />
| <br />
|-<br />
| 2015<br />
| ''[[Standing Tall (film)|Standing Tall]]''<br />
| Florence Blaque <br />
| [[Emmanuelle Bercot]]<br />
| <br />
|-<br />
| 2016<br />
| ''[[Le Cancre]]''<br />
| Marguerite<br />
| [[Paul Vecchiali]]<br />
|<br />
|-<br />
| 2017<br />
| ''[[The Midwife]]''<br />
| Béatrice Sobolevski<br />
| [[Martin Provost]]<br />
| <br />
|-<br />
| 2017<br />
| ''Belle à croquer''<br />
| The Angel<br />
| Axel Courtière<br />
| Short film<br />
|-<br />
| 2017<br />
| ''[[Bonne Pomme]]''<br />
| Barbara<br />
| [[Florence Quentin]]<br />
| <br />
|-<br />
| 2017<br />
| ''{{ill|Tout nous sépare|fr}}''<br />
| Louise Keller<br />
| {{ill|Thierry Klifa|fr}}<br />
|<br />
|-<br />
| 2017<br />
| ''Naissance d'une étoile''<br />
| Mlle Jean<br />
| James Bort<br />
| Short film<br />
|-<br />
| 2018<br />
| ''Le dernier vide-grenier de Claire Darling''<br />
|<br />
| {{ill|Julie Bertuccelli|fr}}<br />
| ''Post-production''<br />
|-<br />
| 2018<br />
| ''Mauvaises herbes''<br />
| Monique<br />
| [[Kheiron]]<br />
| ''Post-production''<br />
|}<br />
<br />
==Discography==<br />
* 1980:<br />
** ''Dieu fumeur de havanes'' – by and with [[Serge Gainsbourg]] (original film soundtrack ''[[Je vous aime]]'' by [[Claude Berri]])<br />
** ''Quand on s'aime'' – duet with [[Gérard Depardieu]], for a television programme<br />
* 1981: Her first and only album issued – ''Souviens-toi de m'oublier'' written by [[Serge Gainsbourg]]<br />
# Digital delay<br />
# Depression au-dessus du jardin<br />
# Epsilon<br />
# Monna Vanna et Miss Duncan<br />
# Marine bond tremolo<br />
# Ces petits riens (duet with Serge Gainsbourg) – original version performed by Gainsbourg and [[Juliette Gréco]] (1964)<br />
# Souviens-toi de m'oublier (duet with Serge Gainsbourg)<br />
# Overseas telegram<br />
# What tu dis qu'est-ce tu say<br />
# Oh Soliman<br />
# Alice helas<br />
* 1993: ''Paris Paris'' – by and with [[Malcolm McLaren]]<br />
* 1997: ''Allo maman bobo'' – by [[Alain Souchon]], during an evening with [[Les Enfoirés]] in 1997 with [[Alain Souchon]], [[Jean-Jacques Goldman]] and [[Laurent Voulzy]]<br />
* 1999: ''Joyeux anniversaire maman'' – by [[Stomy Bugsy]] (original film soundtrack ''[[Belle-maman]]'' by [[Gabriel Aghion]])<br />
* 2000: ''Cvalda'' – by and with [[Björk]] (original film soundtrack ''[[Dancer in the dark]]'' by [[Lars von Trier]])<br />
* 2001: ''Toi jamais'' – original film soundtrack ''[[Huit femmes (film)|Huit Femmes]]'' by [[François Ozon]] (original version performed by [[Sylvie Vartan]] en 1976)<br />
* 2006: ''[[Ho capito che ti amo]]'' – original film soundtrack ''[[Le héros de la famille]]'' by [[Thierry Klifa]]<br />
* 2010: ''C'est beau la vie'' by [[Jean Ferrat]] – original film soundtrack ''[[Potiche]]'' by [[François Ozon]]<br />
* 2011: ''Tout est si calme'' with [[Clara Couste]], [[Ludivine Sagnier]] and [[Chiara Mastroianni]], ''Une fille légère in duet'' with [[Chiara Mastroianni]], ''Je ne peux vivre sans t'aimer'' – original film soundtrack ''[[The Beloved (2011 film)|The Beloved]]'' by [[Christophe Honoré]]<br />
* Audiobooks for [[Éditions des Femmes]]:<br />
** ''[[Cendrillon]]'' by [[Charles Perrault]]<br />
** ''[[Bonjour tristesse]]'' by [[Françoise Sagan]]<br />
** ''[[Les Petits Chevaux de Tarquinia]]'' by [[Marguerite Duras]]<br />
** ''[[Les Paradis aveugles]]'' by [[Duong Thu Huong]]<br />
** ''[[La Marquise d'O]]'' by [[Heinrich Von Kleist]]<br />
** ''[[Lettres à un jeune poète]]'' by [[Rainer Maria Rilke]]<br />
** ''[[Lettres à ma mère]]'' by [[Sylvia Plath]]<br />
<br />
==Awards and nominations==<br />
<br />
===Academy Awards===<br />
{| class="wikitable" <br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1993 || [[Academy Award for Best Actress|Best Actress]] || ''[[Indochine (film)|Indochine]]'' || {{nom}}<br />
|}<br />
<br />
===BAFTA Awards===<br />
{| class="wikitable"<br />
|-<br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1969 || [[BAFTA Award for Best Actress in a Leading Role|Best Actress]] || ''[[Belle de Jour (film)|Belle de Jour]]'' || {{nom}}<br />
|}<br />
<br />
===César Awards===<br />
{| class="wikitable"<br />
|- <br />
! Year<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1976 || rowspan=9| [[César Award for Best Actress|Best Actress]] || ''[[Le Sauvage]]'' || {{nom}}<br />
|-<br />
|1981 || ''[[The Last Metro|Le Dernier métro]]'' || {{won}}<br />
|-<br />
|1982 || ''[[Hôtel des Amériques]]'' || {{nom}}<br />
|-<br />
|1988 || ''[[Agent trouble]]'' || {{nom}}<br />
|-<br />
|1989 || ''[[Drôle d'endroit pour une rencontre]]'' || {{nom}}<br />
|-<br />
|1993 || ''[[Indochine (film)|Indochine]]'' || {{won}}<br />
|-<br />
|1994 || ''[[Ma saison préférée]]'' || {{nom}}<br />
|-<br />
|1997 || ''[[Les Voleurs]]'' || {{nom}}<br />
|-<br />
|1999|| ''[[Place Vendôme (film)|Place Vendôme]]'' || {{nom}}<br />
|-<br />
|2006 || [[César Award for Best Supporting Actress|Best Supporting Actress]] || ''[[Palais Royal!]]'' || {{nom}}<br />
|-<br />
|2011 || rowspan=4|[[César Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|2014 || ''[[On My Way (film)|On My Way]]'' || {{nom}}<br />
|-<br />
|2015 || ''[[In the Courtyard]]'' || {{nom}}<br />
|-<br />
|2016 || ''[[La Tête haute]]'' || {{nom}}<br />
|}<br />
<br />
===Other Awards===<br />
{| class="wikitable" <br />
|-<br />
! Year<br />
! Group<br />
! Award<br />
! Title<br />
! Result<br />
|-<br />
|1965 || [[New York Film Critics Circle|NYFCC Award]] || [[New York Film Critics Circle Award for Best Actress|Best Actress]] || ''[[Repulsion (film)|Repulsion]]'' || {{draw|3rd Place}}<br />
|-<br />
|1976 || [[Bambi Award]] || Film International || ''[[Lovers Like Us]]'' || {{won}}<br />
|-<br />
|1981 || [[David di Donatello]] || [[David di Donatello for Best Foreign Actress|Best Foreign Actress]] || ''[[The Last Metro]]'' || {{won}}<br />
|-<br />
|1993 || [[Women in Film and Television International|WIFTI Award]] || [[Women in Film Crystal + Lucy Awards|Crystal Award]] – International || Herself || {{won}}<br />
|-<br />
|1994 || [[Goldene Kamera]] || Best International Actress || ''[[My Favorite Season]]'' || {{won}}<br />
|-<br />
|1995 || [[San Sebastián International Film Festival|San Sebastián IFF Award]] || [[Donostia Award]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|1997 || [[20th Moscow International Film Festival|Moscow IFF Award]] || Silver St. George<ref name="Moscow1997">{{cite web|url=http://www.moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |title=20th Moscow International Film Festival (1997) |accessdate=22 March 2013 |work=MIFF |deadurl=yes |archiveurl=https://web.archive.org/web/20130322163106/http://moscowfilmfestival.ru/miff34/eng/archives/?year=1997 |archivedate=22 March 2013 |df=dmy }}</ref> || {{won}}<br />
|-<br />
|rowspan=2|1998 || [[Venice Film Festival|Venice FF Award]] || Volpi Cup – Best Actress || ''[[Place Vendôme]]'' || {{won}}<br />
|-<br />
|[[48th Berlin International Film Festival|Berlin IFF Award]]<ref name="Berlinale 1998">{{cite web |url=http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |title=Berlinale: 1998 Prize Winners |accessdate=21 January 2012 |work=berlinale.de |deadurl=no |archiveurl=https://web.archive.org/web/20131012072825/http://www.berlinale.de/en/archiv/jahresarchive/1998/03_preistr_ger_1998/03_Preistraeger_1998.html |archivedate=12 October 2013 |df=dmy-all }}</ref> || [[Golden Bear|Honorary Golden Bear]] || rowspan=2|Herself || {{won}}<br />
|-<br />
|2000 || [[Art Film Fest|AFF Award]] || Actor's Mission Award || {{won}}<br />
|-<br />
|rowspan=4|2001 ||rowspan=3| Bambi Award || rowspan=3|Film International || ''[[East/West]]'' || rowspan=3 {{won}}<br />
|-<br />
|''[[I'm Going Home (film)|I'm Going Home]]''<br />
|-<br />
|''[[Dancer in the Dark]]'' <br />
|-<br />
|[[Satellite Award]] || Best Supporting Actress – Drama || ''Dancer in the Dark'' || {{nom}}<br />
|-<br />
|rowspan=2|2002 || Berlin IFF Award || [[Silver Berlin Bear]] || rowspan=2|''[[8 Women]]'' <br><small> (shared with cast)</small> || {{won}}<br />
|-<br />
|[[European Film Award|EFA Award]] || Best Actress || {{won}}<br />
|-<br />
|2005 || [[Cannes Film Festival|Cannes IFF Award]] || Palme d'Or d'honneur || rowspan=4|Herself || {{won}}<br />
|-<br />
|rowspan=2|2006 || [[Bangkok International Film Festival|Bangkok IFF Award]] || [[Golden Kinnaree Award]] || {{won}}<br />
|-<br />
|[[Istanbul International Film Festival|Istanbul IFF Award]] || Cinema Honorary Award || {{won}}<br />
|-<br />
|rowspan=2|2008 || Cannes IFF Award || Special Jury Award <small>(shared with [[Clint Eastwood]])</small> || {{won}}<br />
|-<br />
|Satellite Award || [[Satellite Award for Best Actress – Motion Picture|Best Actress – Motion Picture]] || rowspan=2|''[[A Christmas Tale]]''|| {{nom}}<br />
|-<br />
|2009 || [[Globes de Cristal Award]] || [[Globes de Cristal Award for Best Actress|Best Actress]] || {{nom}}<br />
|-<br />
|2011 || [[Lumières Award]] || [[Lumières Award for Best Actress|Best Actress]] || ''[[Potiche]]'' || {{nom}}<br />
|-<br />
|rowspan=3|2012 || [[Film Society of Lincoln Center|FSLC Award]] || [[Gala Tribute]] || Herself || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || ''[[The Beloved (2011 film)|The Beloved]]'' || {{nom}}<br />
|-<br />
|[[Manaki Brothers Film Festival|Manaki Brothers FF Award]] || Special Golden Camera 300 || Herself || {{won}}<br />
|-<br />
|rowspan=2|2013 || [[Cabourg Film Festival]] || Coup de Cœur || rowspan=2|''[[On My Way (film)|On My Way]]'' || {{won}}<br />
|-<br />
|Lumières Award || Best Actress || {{nom}}<br />
|-<br />
|2015 || [[Filmfest Hamburg]] || [[Filmfest Hamburg#Douglas-Sirk-Award|Douglas-Sirk-Award]] || Herself || {{won}}<br />
|-<br />
|2018 || Globes de Cristal Award || Best Actress || ''[[The Midwife]]'' || {{pending}}<br />
|}<br />
<br />
In 2000, a Golden Palm Star on the [[Palm Springs, California]], [[Palm Springs Walk of Stars|Walk of Stars]] was dedicated to her.<ref>{{cite web|url=http://www.palmspringswalkofstars.com/web-storage/Stars/Stars+dedicated+by+date.pdf|title=Wayback Machine|author=|date=13 October 2012|website=archive.org|accessdate=8 May 2018|deadurl=bot: unknown|archiveurl=https://web.archive.org/web/20121013165655/http://www.palmspringswalkofstars.com/web-storage/Stars/Stars%20dedicated%20by%20date.pdf|archivedate=13 October 2012|df=dmy-all}}</ref> In 2013, she was honoured for her lifetime achievement at the [[26th European Film Awards]].<ref>{{cite web|url=http://www.europeanfilmawards.eu/en_EN/efanight/winners |title=Winners 2013 |work=[[European Film Awards]] |publisher=European Film Academy |accessdate=9 December 2013}}</ref> In 2015, she received the Lifetime Achievement Golden Orange Award from [[International Antalya Film Festival]], Turkey.<br />
<br />
==See also==<br />
* [[Cinema of France]]<br />
* [[History of cinema]]<br />
<br />
==References==<br />
{{reflist|30em}}<br />
<br />
==External links==<br />
{{Commons category}}<br />
* {{IMDb name}}<br />
* {{AllMovie name}}<br />
* [http://filmsdefrance.com/FDF_cdeneuve.html Catherine Deneuve] at filmsdefrance.com<br />
* {{Charlie Rose view|17546}}<br />
* {{NYTtopic|people/d/catherine_deneuve}}<br />
* [http://film.guardian.co.uk/interview/interviewpages/0,,1577158,00.html Catherine Deneuve interview] (21 September 2005)<br />
<br />
{{Navboxes<br />
|title = Awards for Catherine Deneuve<br />
|list =<br />
{{César Award for Best Actress}}<br />
{{David di Donatello for Best Foreign Actress}}<br />
{{European Film Award for Best Actress}}<br />
{{European Film Academy Lifetime Achievement Award}}<br />
{{Lincoln Center Gala Tribute}}<br />
{{Volpi Cup for Best Actress}}<br />
}}<br />
{{Chanel}}<br />
{{César Awards presidents}}<br />
<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Deneuve, Catherine}}<br />
[[Category:Living people]]<br />
[[Category:1943 births]]<br />
[[Category:20th-century French actresses]]<br />
[[Category:21st-century French actresses]]<br />
[[Category:Best Actress César Award winners]]<br />
[[Category:Dorléac family]]<br />
[[Category:European Film Award for Best Actress winners]]<br />
[[Category:French activists]]<br />
[[Category:French women activists]]<br />
[[Category:French Roman Catholics]]<br />
[[Category:French film actresses]]<br />
[[Category:People from Paris]]<br />
[[Category:French humanitarians]]<br />
[[Category:French television actresses]]<br />
[[Category:French anti–death penalty activists]]<br />
[[Category:Recipients of the Order of Agricultural Merit]]<br />
[[Category:Volpi Cup winners]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Katri_Raik&diff=886908818Katri Raik2019-03-09T09:35:20Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{BLP sources|date=December 2018}}<br />
{{Infobox officeholder<br />
|name = Katri Raik<br />
|image = Kadri Raik teisel Arvamusfestivalil Narvas.jpg<br />
|office = [[Ministry of the Interior (Estonia)|Minister of the Interior]]<br />
|term_start = 26 November 2018<br />
|term_end = <br />
|primeminister = [[Jüri Ratas]]<br />
|predecessor = [[Andres Anvelt]]<br />
|successor = <br />
|birth_date = {{birth date and age|df=yes|1967|10|26}}<br />
|birth_place = [[Tartu]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|party = [[Social Democratic Party (Estonia)|Social Democratic Party]]<br />
|spouse = <br />
|children = <br />
|alma_mater = <br />
}}<br />
'''Katri Raik''' (born 26 October 1967) is an [[Estonia]]n politician representing the [[Estonian Social Democratic Party|Social Democratic Party]]. She was sworn in as the Minister of the Interior in [[Jüri Ratas|Jüri Ratas']] [[Jüri Ratas' cabinet|cabinet]] on 26 November 2018, after [[Andres Anvelt]] resigned from the post.<ref>{{cite news |title=Katri Raik appointed new interior minister |url=https://news.err.ee/879998/katri-raik-appointed-new-interior-minister |publisher=ERR |date=26 November 2018 |accessdate=26 November 2018}}</ref> She was the rector of the [[Estonian Academy of Security Sciences]] before she joined the government.<ref>{{cite news |title=Ossinovski to nominate Katri Raik for interior minister |url=https://news.postimees.ee/6459085/ossinovski-to-nominate-katri-raik-for-interior-minister |work=Postimees |date=21 November 2018 |accessdate=26 November 2018}}</ref><br />
<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
{{commonscat-inline|Katri Raik}}<br />
<br />
{{Authority control}}<br />
<br />
{{DEFAULTSORT:Raik, Katri}}<br />
[[Category:Living people]]<br />
[[Category:Government ministers of Estonia]]<br />
[[Category:1967 births]]<br />
[[Category:Politicians from Tartu]]<br />
[[Category:21st-century Estonian politicians]]<br />
[[Category:Women government ministers of Estonia]]<br />
[[Category:Social Democratic Party (Estonia) politicians]]<br />
[[Category:Ministers of the Interior of Estonia]]<br />
<br />
<br />
{{Estonia-politician-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Jevgeni_Ossinovski&diff=886908543Jevgeni Ossinovski2019-03-09T09:32:07Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Expand Estonian|Jevgeni Ossinovski|date=September 2017}}<br />
{{Infobox officeholder<br />
|name = Jevgeni Ossinovski<br />
|image = Jevgeni Ossinovski.jpg<br />
|office = Leader of the [[Social Democratic Party (Estonia)|Social Democratic Party]]<br />
|term_start = 30 May 2015<br />
|term_end = <br />
|predecessor = [[Sven Mikser]]<br />
|successor = <br />
|office2 = [[Minister of Health and Labor (Estonia)|Minister of Health and Labor]]<br />
|primeminister2 = [[Taavi Rõivas]]<br>[[Jüri Ratas]]<br />
|term_start2 = 14 September 2015<br />
|term_end2 = 2 May 2018<br />
|predecessor2 = [[Rannar Vassiljev]]<br />
|successor2 = [[Riina Sikkut]]<br />
|office3 = [[Minister of Education and Research (Estonia)|Minister of Education and Research]]<br />
|primeminister3 = [[Taavi Rõivas]]<br />
|term_start3 = 26 March 2014<br />
|term_end3 = 9 April 2015<br />
|predecessor3 = [[Jaak Aaviksoo]]<br />
|successor3 = [[Jürgen Ligi]]<br />
|birth_date = {{birth date and age|1986|3|15|df=y}}<br />
|birth_place = [[Kohtla-Järve]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]] <ref>https://valitsus.ee/en/government-members/minister-education-and-research-jevgeni-ossinovski</ref><br />
|party = [[Social Democratic Party (Estonia)|Social Democratic Party]]<br />
|alma_mater = <br />
}}<br />
'''Jevgeni Olegovich Ossinovski''' (born 15 March 1986) is an Estonian politician and the current leader of the [[Social Democratic Party (Estonia)|Estonian Social Democratic Party]].<ref>{{cite web|url=http://www.postimees.ee/3207333/ossinovski-valiti-sotside-uueks-juhiks-mikser-loobus|title=Ossinovski valiti sotside uueks juhiks, Mikser loobus|publisher=}}</ref><br />
<br />
==Early life and education==<br />
He is the son of Oleg Ossinovski ([[:et:Oleg Ossinovski|et]]), a prominent railway industrialist who emigrated to Estonia from [[Soviet Kazakhstan]] in the 1980s.<br />
<br />
[[London School of Economics and Political Science]] has awarded him MSc in Comparative Politics (with Distinction) in 2010.<ref>{{Cite web|url=http://www.lse.ac.uk/aboutLSE/keyFacts/LSEDigest/pdf/LSEDigest2009-10.pdf|title=LSE Digest 2009-2010|last=|first=|date=|website=|publisher=|access-date=}}</ref><br />
<br />
==Political career==<br />
Ossinovski was the [[Minister of Education and Research (Estonia)|Minister of Education and Research]] from 26 March 2014 to 9 April 2015.<ref>[https://valitsus.ee/et/valitsus/varasemad-valitsused/ministrid?FIRST_REPUBLIC=0&EXILE_GOVERNMENTS=0&SECOND_REPUBLIC=0&AMETIKOHAD=HARIDUSMINISTER&SUGU=all&NIMI=&SORTBY=PERIOD&ORDER=DESC] valitsus.ee</ref> Since 14 September 2015 he is the Minister of Health and Labor.<ref>{{cite web|url=http://www.postimees.ee/3327267/galerii-ilves-nimetas-ametisse-uued-ministrid|title=Galerii: Ilves nimetas ametisse uued ministrid|publisher=}}</ref> <br />
<br />
In March 2017, Ossinovski chaired the first ever gathering of the [[Party of European Socialists]]’ health ministers.<ref>[https://www.pes.eu/oc/en/news-events/news/detail/First-meeting-of-PES-health-ministers-endorses-child-guarantee/?&page=3 First meeting of PES health ministers endorses child guarantee] [[Party of European Socialists]], press release of March 19, 2017.</ref> <br />
<br />
In April 2018, Ossinovski announced that he would step down as minister in order to focus on the party ahead of the [[Estonian parliamentary election, 2019|2019 parliamentary election]].<ref>{{Cite web|url=https://news.err.ee/744324/ossinovski-to-step-down-as-minister|title=Ossinovski to step down as minister|date=7 April 2018|publisher=ERR|access-date=8 April 2018}}</ref> On 2 May 2018, his cabinet position was passed to [[Riina Sikkut]].<ref>{{Cite web|url=https://news.err.ee/828121/new-ministers-sikkut-maggi-sworn-in|title=New ministers Sikkut, Mäggi sworn in|date=2 May 2018|publisher=ERR|access-date=5 May 2018}}</ref><br />
<br />
==References==<br />
{{reflist|2}}<br />
<br />
==External links==<br />
* {{Commons cat inline}}<br />
<br />
{{s-start}}<br />
{{s-ppo}}<br />
{{s-bef|before=[[Sven Mikser]]}}<br />
{{s-ttl|title=Leader of the [[Social Democratic Party (Estonia)|Social Democratic Party]]|years=2015–present}}<br />
{{s-inc}}<br />
{{s-end}}<br />
<br />
{{DEFAULTSORT:Ossinovski, Jevgeni}}<br />
[[Category:Living people]]<br />
[[Category:1986 births]]<br />
[[Category:Social Democratic Party (Estonia) politicians]]<br />
[[Category:Party leaders of Estonia]]<br />
[[Category:Estonian people of Russian descent]]<br />
[[Category:Government ministers of Estonia]]<br />
[[Category:People from Kohtla-Järve]]<br />
[[Category:21st-century Estonian politicians]]<br />
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{{Estonia-politician-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Helir-Valdor_Seeder&diff=886908459Helir-Valdor Seeder2019-03-09T09:31:00Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox officeholder<br />
|name = Helir-Valdor Seeder<br />
|image = Helir-Valdor Seeder, 2011.jpg<br />
|caption = Helir-Valdor Seeder in 2011.<br />
|office = Leader of the [[Pro Patria (Estonian political party)|Pro Patria]]<br />
|term_start = 13 May 2017<br />
|term_end = <br />
|predecessor = [[Margus Tsahkna]]<br />
|successor = <br />
|title2 = Minister of the Agriculture<br />
|term_start2 = 6 April 2007<br />
|term_end2 = 26 March 2014<br />
|primeminister2= [[Andrus Ansip]]<br />
|predecessor2 = [[Ester Tuiksoo]]<br />
|successor2 = [[Ivari Padar]]<br />
|birth_date = {{Birth date and age|df=y|1964|9|7}}<br />
|birth_place = [[Viljandi]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|party = [[Pro Patria (Estonian political party)|Pro Patria]]<br />
|alma_mater = [[Estonian University of Life Sciences]]<br />
}}<br />
'''Helir-Valdor Seeder''' (born 7 September 1964) is an [[Estonia]]n politician. He is a member of the [[Riigikogu|parliament]], current chairman of the [[Pro Patria (Estonian political party)|Pro Patria party]] and served as Minister of Agriculture from 2007 to 2014. Seeder has a [[master's degree]] in [[economics]] from the [[Estonian University of Life Sciences]].<ref>{{cite web|title=HELIR-VALDOR SEEDER|url=https://www.riigikogu.ee/riigikogu/koosseis/riigikogu-liikmed/saadik/23161df7-bc1b-442e-b4cd-2d1f37627658/Helir-Valdor-Seeder/|website=riigikogu.ee|accessdate=13 May 2017}}</ref> Before being elected to the parliament in 2003 he was Mayor of [[Viljandi]] from 1992 to 1993 and Governor of [[Viljandi County]] from 1993 to 2003.<br />
<br />
On 13 May 2017 Seeder was elected the chairman of the Pro Patria and Res Publica Union.<ref>{{cite news|title=IRL-i uueks esimeheks sai Helir-Valdor Seeder|url=http://www.err.ee/595379/irl-i-uueks-esimeheks-sai-helir-valdor-seeder|accessdate=13 May 2017|publisher=[[Eesti Rahvusringhääling|ERR]]}}</ref><br />
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==References==<br />
{{reflist}}<br />
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{{s-start}}<br />
{{s-off}}<br />
{{Succession box | before=? | title=Governor of [[Viljandi County]] | years=1993–2003 | after=[[Kalle Küttis]]}}<br />
{{succession box|before=[[Ester Tuiksoo]]|title=[[Minister of Agriculture (Estonia)|Minister of Agriculture]]|years=2007–2014|after=[[Ivari Padar]]}}<br />
{{s-end}}<br />
<br />
{{DEFAULTSORT:Seeder, Helir-Valdor}}<br />
[[Category:1964 births]]<br />
[[Category:Living people]]<br />
[[Category:Agriculture ministers of Estonia]]<br />
[[Category:Government ministers of Estonia]]<br />
[[Category:Mayors of places in Estonia]]<br />
[[Category:Estonian University of Life Sciences alumni]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:People from Viljandi]]<br />
[[Category:21st-century Estonian politicians]]<br />
<br />
<br />
{{Estonia-mayor-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Mart_Helme&diff=886908372Mart Helme2019-03-09T09:29:51Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox Officeholder<br />
|honorific-suffix = [[Member of Parliament|MP]]<br />
|name = Mart Helme<br />
|image = RK Mart Helme.jpg<br />
|office1 = Leader of the [[Conservative People's Party of Estonia|Conservative People's Party]]<br />
|term_start1 = 13 April 2013<br />
|term_end1 = <br />
|predecessor1 = [[Margo Miljand]]<br />
|successor1 = <br />
|office2 = [[List of Ambassadors of Estonia to Russia|Estonian Ambassador to Russia]]<br />
|president2 = [[Lennart Meri]]<br />
|term_start2 = 1995<br />
|term_end2 = 1999<br />
|predecessor2 = [[Jüri Kahn]]<br />
|successor2 = [[Tiit Matsulevitš]]<br />
|birth_date = {{birth date and age|1949|10|31|df=y}}<br />
|birth_place = [[Pärnu]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|death_date = <br />
|death_place = <br />
|party = [[Conservative People's Party of Estonia|Conservative People's Party]] {{small|(2012–present)}}<br>[[People's Union of Estonia|People's Union]] {{small|(2003–2005)}}<br>[[Res Publica Party]] {{small|(2002)}}<br />
|alma_mater = [[University of Tartu]]<br />
}}<br />
{{expand language|topic=|langcode=et|otherarticle=Mart Helme|date=October 2017}}<br />
{{Use mdy dates|date=December 2016}}<br />
'''Mart Helme''' (born 31 October 1949) is an Estonian politician and chairman of the national conservative [[Conservative People's Party of Estonia]] (EKRE) since 13 April 2013. A historian by profession, he also served as Estonia's ambassador to Russia from 1995 to 1999.<br />
<br />
He has worked as a journalist, publisher and diplomat.<ref>{{cite news|url=http://wwx.parnupostimees.ee/011105/esileht/artiklid/10059650.php |title=Mart Helme on olnud muusik, ajakirjanik, farmer, diplomaat ja mõisnik |publisher=Pärnu Postimees}}</ref> He has also been a farmer and a singer.<br />
<br />
He owns [[Suure-Lähtru]] manor.<br />
<br />
==Early life==<br />
<br />
Mart Helme was born on 31 October 1949 in [[Pärnu]]. His father was a veteran of the [[Estonian Legion]]. He later said that listening to his father's stories about fighting on the [[Eastern Front (World War II)|Eastern Front]] made him an Estonian patriot despite being raised in the Soviet Union.<ref name="ekre">[http://www.ekre.ee/erakond/juhatus/esimees-3/ EKRE: Esimees] {{webarchive|url=https://web.archive.org/web/20150108070343/http://www.ekre.ee/erakond/juhatus/esimees-3/ |date=January 8, 2015 }}</ref><br />
<br />
After graduating from high school in Pärnu in 1968, he studied history at the [[University of Tartu]] and graduated in 1973.<br />
<br />
In his youth, Helme played in several bands.<br />
<br />
==Career==<br />
Helme joined the Estonian diplomatic service in 1994. In 1995, he was appointed as the Estonian ambassador to Russia by President [[Lennart Meri]]. His tenure lasted until 1999. While in Moscow, he took part in the border negotiations with Russia.<br />
<br />
From 2003 to 2005, Helme was a member of the agrarian-centrist [[People's Union of Estonia]]. In 2012, when the party merged with the [[Estonian Patriotic Movement]], Helme became a member of the new [[Conservative People's Party of Estonia]]. A year later, he was elected its leader.<br />
<br />
He has said that "Estonian politicians should honestly admit that our choice is between staying with those who are creating a [[United States of Europe]] and joining those who desire a Europe of nation states. The Conservative People's Party doesn't see a place for Estonia in a United States of Europe."<ref>{{cite news|url=http://news.postimees.ee/1201676/ekre-general-assembly-elects-mart-helme-chairman |title=EKRE general assembly elects Mart Helme chairman |publisher=Postimees}}</ref><br />
<br />
In 2015 [[Estonian parliamentary election, 2015|parliamentary election]], Helme was elected to parliament with 6,714 individual votes<ref>{{cite web |url=http://rk2015.vvk.ee/detailed-12.html |title=Riigikogu valimised 2015: Detailne hääletamistulemus |publisher=Vabariigi Valimiskomisjon |accessdate= March 8, 2015 }}</ref> and in the [[2019 Estonian parliamentary election|2019 parliamentary election]] he increased his support to 9,170 individual votes.<br />
<br />
==Personal life==<br />
Politician and journalist [[Martin Helme]] is his son.<br />
<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
{{Commons category|Mart Helme}}<br />
* [http://www.suurelahtrumois.ee Suure-Lähtru manor]<br />
<br />
{{s-start}}<br />
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{{s-ttl|title=[[List of ambassadors of Estonia to Russia|Estonian Ambassador to Russia]]|years=1995–1999}}<br />
{{s-aft|after=[[Tiit Matsulevitš]]}}<br />
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{{Authority control}}<br />
{{DEFAULTSORT:Helme, Mart}}<br />
[[Category:1949 births]]<br />
[[Category:Living people]]<br />
[[Category:People from Pärnu]]<br />
[[Category:Conservative People's Party of Estonia politicians]]<br />
[[Category:European white nationalists]]<br />
[[Category:Critics of multiculturalism]]<br />
[[Category:Critics of the European Union]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Ambassadors of Estonia to Russia]]<br />
[[Category:Party leaders of Estonia]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Jana_Toom&diff=886908108Jana Toom2019-03-09T09:26:33Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox MEP<br />
| name = Yana Toom<br />
| honorific-suffix = [[Member of the European Parliament|MEP]]<br />
| image = KE Yana Toom.jpg<br />
| office = [[Member of the European Parliament]]<br />
| term_start = 1 July 2014<br />
| term_end = <br />
| constituency = [[Estonia (European Parliament constituency)|Estonia]]<br />
| birth_name =<br />
| birth_date = {{birth-date and age|15 October 1966}}<br />
| birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
| death_date = <br />
| death_place = <br />
| party = '''''{{flag|Estonia|name=Estonian}}'''''<br>[[Estonian Centre Party]]<br>'''''{{flag|EU}}'''''<br>[[Alliance of Liberals and Democrats for Europe]]<br />
| spouse = <br />
| children =<br />
| website = {{URL|http://www.yanatoom.ee}}<br />
}}<br />
<br />
'''Yana Toom''' (born 15 October 1966) is an Estonian politician and [[Member of the European Parliament]] from [[Estonia (European Parliament constituency)|Estonia]]. She is a member of the [[Estonian Centre Party]], part of the [[Alliance of Liberals and Democrats for Europe]].<ref>{{cite web|url=http://www.europarl.europa.eu/meps/en/124700/YANA_TOOM_history.html |title=Yana TOOM |website=Europarl.europa.eu |date= |accessdate=2016-05-12}}</ref><br />
<br />
==Political career==<br />
In the [[Estonian parliamentary election, 2015|2015 Estonian elections]], Toom finished third with 11,573 votes; however, she eventually decided to keep her seat in the European Parliament.<ref>Cynthia Kroet (March 2, 2015), [http://www.politico.eu/article/reform-party-wins-estonian-election/ Reform Party wins Estonian election] ''[[European Voice]]''.</ref><br />
<br />
A member of the [[Group of the Alliance of Liberals and Democrats for Europe|ALDE]] (Group of the Alliance of Liberals and Democrats for Europe), Toom currently serves as her parliamentary group’s coordinator on the [[Committee on Culture and Education]]. She has also been a member of the [[Committee on Employment and Social Affairs]], the [[Committee on Petitions]] and the parliament's delegation to the EU-Russia Parliamentary Cooperation Committee since 2014. In addition to her committee assignments, she is a member of the European Parliament Intergroup on Extreme Poverty and Human Rights.<ref>[http://www.europarl.europa.eu/pdf/intergroupes/VIII_LEG_10_Extreme_poverty_and_human_rights.pdf Members] European Parliament Intergroup on Extreme Poverty and Human Rights.</ref><br />
<br />
==Controversy==<br />
In July 2016, Toom was part of a small delegation of MEPs, including [[Javier Couso Permuy]] and [[Tatjana Ždanoka]], which traveled to [[Damascus]] to meet [[Bashar Al-Assad]].<ref>Maïa de La Baume (July 4, 2017), [https://www.politico.eu/article/push-to-crack-down-on-rogue-european-parliament-missions/ Push to crack down on rogue European Parliament missions] ''[[Politico Europe]]''.</ref><br />
<br />
==References==<br />
{{reflist}}<br />
<br />
{{DEFAULTSORT:Toom, Yana}}<br />
[[Category:Living people]]<br />
[[Category:1966 births]]<br />
[[Category:Estonian Centre Party MEPs]]<br />
[[Category:Women MEPs for Estonia]]<br />
[[Category:MEPs for Estonia 2014–19]]<br />
[[Category:Politicians from Tallinn]]<br />
[[Category:21st-century women politicians]]<br />
[[Category:Estonian people of Russian descent]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Kaja_Kallas&diff=886908021Kaja Kallas2019-03-09T09:25:34Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox officeholder<br />
| name = Kaja Kallas<br />
| image = Kaja Kallas (36784407542) (cropped).jpg<br />
| office = Leader of the [[Estonian Reform Party|Reform Party]]<br />
| term_start = 14 April 2018<br />
| term_end = <br />
| predecessor = [[Hanno Pevkur]]<br />
| successor = <br />
| office1 = [[Member of the European Parliament]]<br>for [[Estonia (European Parliament constituency)|Estonia]]<br />
| term_start1 = 1 July 2014<br />
| term_end1 = 5 September 2018<br />
| predecessor1 = <br />
| successor1 = [[Igor Gräzin]]<br />
| office2 = Member of the [[Riigikogu|Estonian Parliament]]<br>for [[Tallinn]]<br />
| term_start2 = 4 March 2011<br />
| term_end2 = 1 July 2014<br />
| birth_date = {{birth date and age|1977|6|18|df=y}}<br />
| birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
| death_date = <br />
| death_place = <br />
| party = [[Estonian Reform Party|Reform Party]]<br />
| spouse = <br />
| children = 1<br />
| relatives = [[Siim Kallas]] (Father)<br />
| education = [[University of Tartu]] ([[Bachelor of Arts|BA]])<br>[[Estonian Business School]] ([[Master of Business Administration|MBA]])<br />
| website = {{url|kajakallas.ee|Official website}}<br />
}}<br />
'''Kaja Kallas''' (born 18 June 1977) is an [[Estonia]]n politician, leader of the [[Estonian Reform Party|Reform Party]] and a former [[Member of the European Parliament]] (MEP), representing the [[Alliance of Liberals and Democrats for Europe]].<br />
<br />
She has previously served as an attorney, specialising in European and Estonian competition law, and has been a Member of the [[Parliament of Estonia]] (Riigikogu).<br />
<br />
==Early life and education==<br />
Born in [[Tallinn]] on 18 June 1977,<ref name="auto"/> Kaja Kallas is the daughter of [[Siim Kallas]] who served as the 14th [[Prime Minister of Estonia]] and was later a [[European Commissioner]].<ref>{{Cite web|url=http://fortune.com/2019/03/04/estonia-election-results-kaja-kallas/|title=Digital Savvy Estonia Is Set to Get Its First Female Prime Minister|website=Fortune|language=en|access-date=2019-03-07}}</ref><br />
<br />
Kaja Kallas graduated from the [[University of Tartu]] in 1999 with a BA in law. From 2007 she attended the [[Estonian Business School]], earning an EMBA ([[Master of Business Administration]]) degree in economics in 2010.<ref>{{Cite web|url=https://www.linkedin.com/in/kaja-kallas-b8b52380|title=Kaja Kallas {{!}} LinkedIn|accessdate=Mar 4, 2019}}</ref><ref>{{Cite web|url=https://www.robert-schuman.eu/en/doc/oee/oee-1791-en.pdf|title=Victory for the centre-right opposition (ER) in the general elections in Estonia|last=Deloy|first=Corinne|date=3 March 2019|website=The Foundation Robert Schuman|archive-url=http://web.archive.org/web/20190307020854/https://www.robert-schuman.eu/en/doc/oee/oee-1791-en.pdf|archive-date=7 March 2019|dead-url=no|access-date=7 March 2019}}</ref><br />
<br />
==Professional career==<br />
Kallas has been a member of the Estonian Bar Association since 1999 and an attorney-at-law since 2002. Since 26 March 2011 she has been placed on inactive status as a member of the Estonian Bar Association. She has been a partner in law firm [[Borenius|Luiga Mody Hääl Borenius]] and Tark & Co and worked as an executive coach in the [[Estonian Business School]]. She is also a member of the European Antitrust Alliance.<ref>{{Cite web|title=Biography|url=http://kajakallas.ee/in-english/biography/|website=Kaja Kallase Blogi|deadurl=yes|archiveurl=https://archive.is/20160616123242/http://kajakallas.ee/in-english/biography/|archivedate=2016-06-16|df=}}</ref><br />
<br />
In November 2018, Kallas published ''MEP. 4 aastat Euroopa Parlamendis'' (MEP: Four Years in the European Parliament), in which she describes her life and work in Brussels from 2014 to 2018.<ref>{{cite web|url=https://www.goodreads.com/book/show/42956792-mep-4-aastat-euroopa-parlamendis|title=MEP. 4 aastat Euroopa Parlamendis |publisher=Goodreads|accessdate=8 March 2019 |language=Estonian}}</ref><br />
<br />
==Political career==<br />
<br />
===Member of the Estonian Parliament, 2010–2014===<br />
In 2010, Kallas decided to join the Estonian Reform Party. She ran for the Parliament of Estonia in 2011, receiving 7,157 votes.<ref>{{Cite web|title=Biography |url=http://kajakallas.ee/in-english/biography/|website=Kaja Kallase Blogi|deadurl=yes|archiveurl=https://archive.is/20160616123242/http://kajakallas.ee/in-english/biography/ |archivedate=2016-06-16|df=}}</ref> She was a member of the [[Riigikogu|XII composition of the Parliament of Estonia]] and chaired the Economic Affairs Committee from 2011 to 2014.<br />
<br />
===Member of the European Parliament, 2014–2018===<br />
In the [[European Parliament election, 2014|2014 elections]] Kallas ran for the European Parliament and received 21,498 votes.<ref>{{cite web |url=http://kajakallas.ee/in-english/biography/ |title=Archived copy |accessdate=2016-06-16 |deadurl=yes |archiveurl=https://archive.is/20160616123242/http://kajakallas.ee/in-english/biography/ |archivedate=2016-06-16 |df= }}</ref><br />
<br />
In the European Parliament, Kallas served on the [[Committee on Industry, Research and Energy]] and was a substitute for the [[Committee on the Internal Market and Consumer Protection]]. She was a vice-chair of the Delegation to the EU–Ukraine Parliamentary Cooperation Committee as well as a member of the Delegation to the Euronest Parliamentary Assembly and Delegation for relations with the United States.<ref name="auto">{{Cite web|url=http://www.europarl.europa.eu/meps/en/124697/KAJA_KALLAS/history/8|title=8th parliamentary term &#124; Kaja KALLAS &#124; MEPs &#124; European Parliament|website=www.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref><br />
<br />
In addition to her committee assignments, Kallas was a member of the European Parliament Intergroup on the Digital Agenda<ref>[https://digitalagendaintergroup.eu/members/ Members] European Parliament Intergroup on the Digital Agenda.</ref> and a Vice-Chair of the Youth Intergroup.<ref><br />
{{Cite web|url=http://www.youthforum.org/latest-news/european-parliaments-renewed-youth-intergroup-meets-for-first-time-in-new-legislature/|title=European Youth Forum|website=www.youthforum.org|access-date=2016-04-18|archive-url=https://web.archive.org/web/20160504200506/http://www.youthforum.org/latest-news/european-parliaments-renewed-youth-intergroup-meets-for-first-time-in-new-legislature/|archive-date=2016-05-04|dead-url=yes|df=}}<br />
</ref><br />
<br />
During her time in Parliament, Kallas worked on the Digital Single Market strategy, energy and consumer policies, as well as on relations with Ukraine. In particular, she stood up for the rights of [[Small and medium-sized enterprises|SMEs]], maintaining that borders in the digital world prevent innovative companies from emerging. She is a proponent of innovation and frequently emphasises that regulations cannot and must not hinder the technological revolution.<ref name="auto"/><br />
<br />
Kallas served as [[rapporteur]] for six reports: opinion on the so-called e-Privacy regulation,<ref>{{Cite web|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-602.722%2b02%2bDOC%2bPDF%2bV0%2f%2fEN|title=Opinion on the proposal for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications)|last=Kallas|first=Kaja|date=4 October 2017|website=Committee on Industry, Research and Energy|others=For the Committee on Civil Liberties, Justice and Home Affairs|access-date=6 March 2019}}</ref> Civil law rules on robotics<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2015/2103(INL)&l=en|title=Procedure File: 2015/2103(INL) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref> and on the Annual report on EU Competition Policy,<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM(2014)0249&l=en|title=Procedure File: 2014/2158(INI) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref> and on Delivering a New Deal for Energy Consumers,<ref>{{Cite web|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%252f%252fEP%252f%252fNONSGML%252bCOMPARL%252bPE-572.937%252b04%252bDOC%252bPDF%252bV0%252f%252fEN|title=Application error|website=www.europarl.europa.eu|access-date=2016-04-18}}</ref> legislation on Custom infringements and sanctions<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2013/0432(COD)&l=en|title=Procedure File: 2013/0432(COD) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref> and the [[Committees of the European Parliament|own-initiatative report]] on the Digital Single Market.<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM(2015)0192&l=en|title=Procedure File: 2015/2147(INI) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref><br />
<br />
===Return to national politics===<br />
On 13 December 2017, the leader of the Reform Party [[Hanno Pevkur]] announced that he would no longer run for party leadership in January 2018 and suggested that Kallas should run instead.<ref>{{cite web|url=https://news.err.ee/648472/pevkur-not-to-run-for-reform-lead-again-kallas-not-announcing-yet|title=Pevkur not to run for Reform lead again, Kallas not announcing yet |publisher=ERR |date= 13 December 2017 |accessdate=22 December 2017}}</ref> After considering the offer, Kallas announced on 15 December that she would accept the invitation to run in the leadership election.<ref>{{cite web|url=https://news.err.ee/649011/kaja-kallas-to-run-for-reform-party-chair|title=Kaja Kallas to run for Reform Party chair |publisher=ERR |date=15 December 2017 |accessdate=22 December 2017}}</ref><br />
<br />
On 3 March 2019, the Reform Party, led by Kallas, won the general election with about 29% of the vote, the ruling [[Estonian Centre Party]] taking 23%.<ref>{{cite news |date=5 March 2019 |title=Estonia general election: Opposition party beats Centre rivals|url=https://www.bbc.com/news/world-europe-47430993 |dead-url=no |work=[[BBC]]|location=London |access-date=4 March 2019}}</ref><!--<br />
==Other activities==<br />
{{unsourced section|date=March 2019}}<br />
<br />
*[[European Council on Foreign Relations]] (ECFR), Member<br />
*[[Women Economic Forum]], adviser<br />
* Model European Union Tallinn, patron<br />
*[[European Liberal Youth]], mentor<br />
* European Young Leaders, member<br />
*[[Erasmus for Young Entrepreneurs]], MEP Ambassador<br />
* MEP Library Lovers, ambassador<br />
* European Internet Forum, political member<br />
* European Forum for Renewable Energy Sources, member of the extended board<br />
*[[Global Young Leaders Conference|Global Young Leaders]], member<br />
* Women Political Leaders, member<br />
* European Entrepreneurship Education Network, MEP ambassador<br />
--><br />
<br />
==References==<br />
{{reflist|3}}<br />
<br />
== External links ==<br />
*{{Official website|https://kajakallas.ee/}}<br />
<br />
{{authority control}}<br />
<br />
{{DEFAULTSORT:Kallas, Kaja}}<br />
[[Category:1977 births]]<br />
[[Category:Living people]]<br />
[[Category:Estonian Reform Party politicians]]<br />
[[Category:Estonian Reform Party MEPs]]<br />
[[Category:MEPs for Estonia 2014–19]]<br />
[[Category:Women MEPs for Estonia]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Estonian lawyers]]<br />
[[Category:Estonian women lawyers]]<br />
[[Category:21st-century women politicians]]<br />
[[Category:Women members of the Riigikogu]]<br />
[[Category:Politicians from Tallinn]]<br />
[[Category:University of Tartu alumni]]<br />
[[Category:Politicians from Tallinn]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Hanno_Pevkur&diff=886907885Hanno Pevkur2019-03-09T09:24:08Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox officeholder<br />
|honorific-suffix = [[Member of Parliament|MP]]<br />
|name = Hanno Pevkur<br />
|image = Hanno_Pevkuri_portree.jpg<br />
|office = [[Minister of the Interior (Estonia)|Minister of the Interior]]<br />
|term_start = 26 March 2014<br />
|term_end = 23 November 2016<br />
|primeminister = [[Taavi Rõivas]]<br />
|predecessor = [[Ken-Marti Vaher]]<br />
|successor = [[Andres Anvelt]] <br />
|office2 = [[Minister of Justice (Estonia)|Minister of Justice]]<br />
|term_start2 = 10 December 2012<br />
|term_end2 = 26 March 2014<br />
|primeminister2 = [[Andrus Ansip]]<br />
|predecessor2 = [[Kristen Michal]]<br />
|successor2 = [[Andres Anvelt]]<br />
|office3 = [[Minister of Social Affairs (Estonia)|Minister of Social Affairs]]<br />
|term_start3 = 23 February 2009<br />
|term_end3 = 10 December 2012<br />
|primeminister3 = [[Andrus Ansip]]<br />
|predecessor3 = [[Maret Maripuu]]<br />
|successor3 = [[Taavi Rõivas]]<br />
|birth_date = {{Birth date and age|df=y|1977|04|02}}<br />
|birth_place = [[Iisaku]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]] <br />
|party = [[Estonian Reform Party|Reform Party]]<br />
|spouse = Helin Pevkur<ref>{{cite web|url=http://ajakirinaised.ee/uudised/2584/|title=Hanno Pevkur: enda soovid on jäänud tagaplaanile| publisher=Ajakiri Naised |date= 15 May 2014}}</ref><br />
|children = 2<br />
|alma_mater = [[University of Tartu]]<br />
}}<br />
<br />
'''Hanno Pevkur''' (born 2 April 1977) is an [[Estonia]]n [[politician]] and former chairman of the [[Estonian Reform Party]].<br />
<br />
He has served as the [[Minister of Social Affairs (Estonia)|Minister of Social Affairs]] from 2009 to 2012, as the [[Minister of Justice (Estonia)|Minister of Justice]] from 2012 to 2014 and as the [[Minister of the Interior (Estonia)|Minister of the Interior]] from 2014 to 2016.<br />
<br />
==Early life==<br />
Pevkur graduated from Järva-Jaani Secondary School and studied law at the Tallinn School of Economics, and at the [[University of Tartu]]. Until 2000, Pevkur worked as a lawyer.<ref>[http://www.riigikogu.ee/?page=isikukaart&op=ems&pid=77268 Hanno Pevkur's biography on the Riigikogu's web site]</ref><br />
<br />
==Political career==<br />
From 2000 to 2005, Pevkur worked in the [[Nõmme]] City District Government, first as Administrative Secretary and later as Head of City District. From 2005 to 2007, he was on the [[Tallinn]] City Council and served as an adviser to the [[Minister of Justice (Estonia)|Minister of Justice]]. From 2007 to 2009, Pevkur was a member of the 11th [[Riigikogu]] and also a member of the Nõmme Administrative Council.<br />
<br />
On 23 February 2009, Pevkur replaced [[Maret Maripuu]] as the [[Minister of Social Affairs (Estonia)|Minister of Social Affairs]], after Maripuu decided to step down due to a scandal caused by the Ministry's inability to ensure home delivery of pensions and timely welfare payments.<ref>[http://www.valitsus.ee/index.php?id=8966&tpl=1007 Hanno Pevkur's biography on the Government's web site]</ref><br />
<br />
10 December 2012, Pevkur was appointed as the Minister of Justice.<br />
<br />
From 2014 to 2016, Pevkur was the [[Minister of the Interior (Estonia)|Minister of the Interior]] in [[Taavi Rõivas]]' first and second cabinets.<br />
<br />
On 23 October 2017, Pevkur was elected as a deputy speaker of the Riigikogu to replace [[Taavi Rõivas]], who had resigned following a sexual harassment scandal.<ref>{{cite web|url=http://news.err.ee/638203/eesmaa-pevkur-elected-riigikogu-deputy-presidents|title=Eesmaa, Pevkur elected Riigikogu deputy presidents| publisher=ERR |date= 24 October 2017 | accessdate=26 October 2017 }}</ref><br />
<br />
On 13 December 2017, Pevkur announced that he would not run for the chairmanship of the Reform Party anymore in January 2018.<ref>{{cite web|url= https://news.err.ee/648472/pevkur-not-to-run-for-reform-lead-again-kallas-not-announcing-yet|title=Pevkur not to run for Reform lead again, Kallas not announcing yet | publisher=ERR |date= 13 December 2017 | accessdate=22 December 2017 }}</ref><br />
<br />
==Personal life==<br />
Hanno Pevkur is married and has two children – a son and a daughter.<ref>[http://www.pevkur.ee/?a=3 Hanno Pevkur's biography on his official homepage]</ref><br />
<br />
==References==<br />
<br />
{{reflist|2}}<br />
<br />
==External links==<br />
<br />
{{s-start}}<br />
{{s-off}}<br />
{{s-bef|before=[[Maret Maripuu]]}}<br />
{{s-ttl|title=[[Minister of Social Affairs (Estonia)|Minister of Social Affairs]]|years=2009–2012}}<br />
{{s-aft|after=[[Taavi Rõivas]]}}<br />
|-<br />
{{s-bef|before=[[Kristen Michal]]}}<br />
{{s-ttl|title=[[Minister of Justice (Estonia)|Minister of Justice]]|years=2012–2014}}<br />
{{s-aft|after=[[Andres Anvelt]]}}<br />
|-<br />
{{s-bef|before=[[Ken-Marti Vaher]]}}<br />
{{s-ttl|title=[[Minister of the Interior (Estonia)|Minister of the Interior]]|years=2014–2016}}<br />
{{s-aft|after=[[Andres Anvelt]]}}<br />
{{s-end}}<br />
<br />
{{authority control}}<br />
{{DEFAULTSORT:Pevkur, Hanno}}<br />
[[Category:1977 births]]<br />
[[Category:Living people]]<br />
[[Category:People from Alutaguse Parish]]<br />
[[Category:Estonian Reform Party politicians]]<br />
[[Category:Government ministers of Estonia]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:21st-century Estonian politicians]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Taavi_R%C3%B5ivas&diff=886907694Taavi Rõivas2019-03-09T09:22:23Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox officeholder<br />
|honorific-suffix = [[Member of Parliament|MP]]<br />
|name = Taavi Rõivas<br />
|image = Taavi Rõivas.jpg<br />
|office = [[List of Prime Ministers of Estonia|16th]] [[Prime Minister of Estonia]]<br />
|president = [[Toomas Hendrik Ilves]]<br>[[Kersti Kaljulaid]]<br />
|term_start = 26 March 2014<br />
|term_end = 23 November 2016<br />
|predecessor = [[Andrus Ansip]]<br />
|successor = [[Jüri Ratas]]<br />
|office1 = [[Minister of Social Affairs (Estonia)|Minister of Social Affairs]]<br />
|primeminister1 = [[Andrus Ansip]]<br />
|term_start1 = 11 December 2012<br />
|term_end1 = 26 March 2014<br />
|predecessor1 = [[Hanno Pevkur]]<br />
|successor1 = [[Helmen Kütt]] {{small|(Social Protection)}}<br>[[Urmas Kruuse]] {{small|(Health and Labour)}}<br />
|birth_date = {{birth date and age|1979|9|26|df=y}}<br />
|birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|party = [[Estonian Reform Party|Reform Party]]<br />
|spouse = [[Luisa Rõivas|Luisa Värk]]<br />
|children = 2<br />
|alma_mater = [[University of Tartu]]<br />
}}<br />
'''Taavi Rõivas''' ({{IPA-et|ˈtɑːʋi ˈrɤiʋɑs}}; born 26 September 1979) is an [[Estonia]]n [[politician]], former leader of the [[Estonian Reform Party|Reform Party]] and former [[Prime Minister of Estonia]]. Before his term as the Prime Minister, Rõivas was the [[Minister of Social Affairs (Estonia)|Minister of Social Affairs]] from 2012 to 2014. On 9 November 2016 his [[Taavi Rõivas' second cabinet|second cabinet]] lost a no confidence motion (63 votes to 28) after two parties ([[Union of Pro Patria and Res Publica]] and [[Social Democratic Party (Estonia)|Social Democratic Party]]) in the ruling coalition sided with the opposition.<br />
<br />
==Early life==<br />
Rõivas graduated from Tallinn Secondary Science School and from the Faculty of Economics and Business Administration of the [[University of Tartu]] in international economics and marketing.<br />
<br />
==Political career==<br />
[[File:Taavi Rõivas, arvamusfestival 2014.jpg|thumb|left|upright|Taavi Rõivas in 2014]]<br />
Rõivas joined the [[Estonian Reform Party|Reform Party]] in 1998. His political career began as an advisor to [[Minister of Justice (Estonia)|Minister of Justice]] [[Märt Rask]] from 1999 to 2002.<ref>[https://web.archive.org/web/20140302113048/http://valitsus.ee/en/government/prime-minister-and-ministers/taavi-roivas Website of the Estonian Government ], archived at Internet Archive on March 2, 2014</ref> <br />
He was Mayor of [[Haabersti]] district of [[Tallinn]] 2004–2005 and advisor to the Minister of Population Affairs [[Paul-Eerik Rummo]] from 2003 to 2004. In 2005, he became an advisor to the Prime Minister and Reform Party Leader [[Andrus Ansip]]. He was elected to the [[Tallinn City Council]] in 2005 and to the [[Riigikogu]] in 2007 and again in 2011.<br />
<br />
In December 2012, Rõivas became the youngest member of the [[Government of Estonia|Estonian Government]] as the [[Minister of Social Affairs (Estonia)|Minister of Social Affairs]], replacing [[Hanno Pevkur]]. Pevkur in turn replaced [[Kristen Michal]] as the Minister of Justice [[Kristen Michal]] who had resigned due to corruption allegations by fellow Reform Party member [[Silver Meikar]].<br />
<br />
In February 2014, Prime Minister Andrus Ansip announced he would resign a year before the [[Estonian parliamentary election, 2015|2015 parliamentary elections]] and hand his post to the [[European Commission]]er [[Siim Kallas]], former Reform Party Leader and Prime Minister 2002–2003. Kallas began coalition talks with the [[Social Democratic Party (Estonia)|Social Democratic Party]], deciding to replace the conservative [[Pro Patria and Res Publica Union]] as Reform Party's coalition partner. On 12 March Kallas unexpectedly announced he would not seek the post, due to media scrutiny of his actions as President of the [[Bank of Estonia]] in the early 1990s. On the same day, the leadership of the Reform Party chose Rõivas as the new candidate for Prime Minister.<ref>{{cite web|url=http://news.err.ee/v/main/018c5306-23e1-4ed3-8476-873aa50a260a|title=Reform Party Picks Dark Horse as New PM Candidate|work=News – ERR|accessdate=3 March 2015}}</ref> The coalition agreement with the Social Democratic Party was signed on 20 March and the nomination was confirmed by the Riigikogu on 24 March.<ref>{{cite web|url=http://news.err.ee/v/politics/2694d206-eef3-40e1-a52e-62a8c2b0b7bf|title=Reform Party and Social Democrats Sign Coalition Agreement|work=News – ERR|accessdate=3 March 2015}}</ref><ref>{{cite web|url=http://news.err.ee/v/politics/fdfd0f84-cc39-4da6-a6c0-46135daa4b68|title=Rõivas Receives Parliament Approval to Form Government|work=News – ERR|accessdate=3 March 2015}}</ref> Rõivas became Prime Minister after the [[President of Estonia|President]] [[Toomas Hendrik Ilves]] approved his proposed cabinet on 26 March 2014. At the time, Rõivas was the youngest government leader in the [[European Union]].<ref name="globalpost">{{cite web|url=http://www.globalpost.com/dispatch/news/afp/140314/taavi-roivas-designated-estonia-pm-eus-youngest|title=Taavi Roivas designated Estonia PM, EU's youngest|work=GlobalPost|accessdate=3 March 2015}}</ref><br />
<br />
Rõivas led his party to the 2015 parliamentary elections, in which Reform Party succeeded in staying as the largest party and began coalition talks with the Social Democratic Party, the Pro Patria and Res Publica Union and the Free Party.<ref>[http://news.err.ee/v/politics/0f09f29b-86b6-48ce-83e3-9fc816a92d65 Coalition consultations begin with four parties in attendance] ERR, 6 March 2015</ref> After nearly three weeks of negotiations, the Free Party left the coalition talks due to disagreements with the Reform Party and the Pro Patria and Res Publica Union.<ref>[http://news.err.ee/v/politics/9a422178-b0ea-461e-b208-7ead215b88cd Coalition talks to continue between three parties, Free Party to go into opposition] ERR, 23 March 2015</ref> The three remaining parties signed the coalition treaty on 8 April, and Rõivas' [[Taavi Rõivas' second cabinet|second cabinet]] took office on 9 April.<ref>{{cite news |title=Otseülekanne: kolme erakonna koalitsioonileping saab allkirjad |url=http://poliitika.postimees.ee/3149269/otseulekanne-kolme-erakonna-koalitsioonileping-saab-allkirjad |newspaper=Postimees |date=8 April 2015 |accessdate=8 April 2015}}</ref><br />
<br />
On 7 November 2016, the Social Democratic Party (SDE) and Pro Patria & Res Publica Union (IRL) announced that they were asking Prime Minister Taavi Rõivas to resign for lack of trust among the coalition partners.<ref>{{cite news |title=Government falls as Social Democrats and IRL leave coalition |url=http://news.err.ee/v/news/952dcb2e-bb26-4c32-a87a-0a4f073fec01/government-falls-as-social-democrats-and-irl-leave-coalition |newspaper=ERR |date=7 November 2016 |accessdate=7 November 2016}}</ref> The announcement came soon after the opposition had submitted a motion to express lack of confidence in Rõivas’ government. SDE and IRL proceeded with the motion, leaving the Reform the only party to support Rõivas.<ref>{{cite news |title=Five parliamentary groups give Rõivas until 2 p.m. Wednesday to step down as prime minister |url=http://news.err.ee/v/news/a23bcd45-b840-468b-ad6f-7752ab30f10a/five-parliamentary-groups-give-roivas-until-2-pm-wednesday-to-step-down-as-prime-minister |newspaper=ERR |date=8 November 2016 |accessdate=8 November 2016}}</ref> Rõivas commented the situation by declining to resign and arguing that a democratically elected government should be only removed by a democratic vote.<ref>{{cite news |title=Prime Minister Taavi Rõivas not going to resign |url=http://news.err.ee/v/news/9fee9a3d-2a54-4f81-a6aa-aab84d057f05/prime-minister-taavi-roivas-not-going-to-resign |newspaper=ERR |date=8 November 2016 |accessdate=8 November 2016}}</ref> In the following vote of confidence on 9 November, the majority of Riigikogu voted in favor of removing the prime minister’s government.<ref>{{cite news |title=Prime Minister loses no confidence vote, forced to resign |url=http://news.err.ee/v/news/b4f0b0a4-3586-41ee-aa40-6005b14809d2/prime-minister-loses-no-confidence-vote-forced-to-resign |newspaper=ERR |date=9 November 2016 |accessdate=9 November 2016}}</ref> On 23 November, the Center Party chairman [[Jüri Ratas]] was sworn in as the new Prime Minister, whereas Reform Party was left in the opposition.<ref>{{cite news |title=President appoints Jüri Ratas' government |url=http://news.err.ee/v/news/4b0f0519-304a-4333-8407-87ec49352ebd/president-appoints-juri-ratas-government |publisher=ERR |date=23 November 2016 |accessdate=23 November 2016}}</ref> Rõivas subsequently announced that he would step down as the chairman of the party.<ref>{{cite news |title=Reform Party chairmanship debate behind closed doors, internal voting to end on Thursday |url=http://news.err.ee/v/news/bf8e266c-5741-4083-b52d-f67a17484c22/reform-party-chairmanship-debate-behind-closed-doors-internal-voting-to-end-on-thursday |publisher=ERR |date=5 January 2017 |accessdate=5 January 2017}}</ref> On 7 January 2017 [[Hanno Pevkur]] was elected the new chairman of the Reform Party.<ref>{{cite news |title=Hanno Pevkur elected new Reform Party chairman |url=http://news.err.ee/v/c2de05f8-165d-4097-a114-f06b37214ef7 |publisher=ERR |date=8 January 2017 |accessdate=11 January 2017}}</ref><br />
<br />
On 5 December 2016, Rõivas was elected as the deputy speaker of the Riigikogu.<ref>{{cite news |title=Riigikogu aseesimehed on Enn Eesmaa ja Taavi Rõivas |url=https://www.riigikogu.ee/pressiteated/muu-pressiteade-et/riigikogu-aseesimehed-enn-eesmaa-ja-taavi-roivas/ |publisher=Riigikogu |date=5 December 2016 |accessdate=13 October 2017}}</ref> In September 2017, Rõivas led an Estonian trade delegation visit to [[Malaysia]], during which the members of the delegation reportedly behaved in an undignified manner and were subsequently accused of harassment.<ref>{{cite news |title=Members of Rõivas-led trade delegation accused of harassment |url=http://news.err.ee/635888/members-of-roivas-led-trade-delegation-accused-of-harassment |publisher=ERR |date=12 October 2017 |accessdate=13 October 2017}}</ref> Rõivas apologized for the behavior of the delegation and announced his resignation as the deputy speaker, but insisted on continuing as a MP for the Reform Party. Later he also apologized on live television to the victim of his alleged harassment, code-named Katrin in Estonian media. <ref> https://tv3play.tv3.ee/sisu/kolmeraudne/882491 </ref> <ref>{{cite news |title=Pevkur: Reform to discuss Rõivas successor on Monday |url=http://news.err.ee/636208/pevkur-reform-to-discuss-roivas-successor-on-monday |publisher=ERR |date=13 October 2017 |accessdate=13 October 2017}}</ref><br />
<br />
==Personal life==<br />
Rõivas speaks Estonian, English, Russian, Ukrainian and Finnish.<ref>[http://www.hs.fi/ulkomaat/a1395395815874 Viron tuleva pääministeri Taavi Rõivas, 34: Emme saa Suomea kiinni elintasossa – Viro – Ulkomaat – Helsingin Sanomat<!-- Bot generated title -->]</ref><br />
<br />
Rõivas has been engaged with the pop singer [[Luisa Värk]] since 2016. They have one daughter, Miina Rihanna, born in 2009.<ref>{{cite web|url=http://news.err.ee/v/news/3e03af99-d0b2-4cf3-a09a-3bf5ebd1dcfe/prime-minister-taavi-roivas-announces-engagement |title=Prime Minister Taavi Rõivas announces engagement |publisher=ERR |date=24 October 2016 |accessdate=24 October 2016}}</ref><br />
<br />
==Decorations==<br />
2016 Commander Grand Cross of the Order of the White Rose of Finland.{{citation needed|date=November 2016}}<br />
<br />
==See also==<br />
*[[Taavi Rõivas' first cabinet]]<br />
*[[Taavi Rõivas' second cabinet]]<br />
<br />
==References==<br />
{{Reflist|2}}<br />
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==External links==<br />
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[[Category:Living people]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Party leaders of Estonia]]<br />
[[Category:Politicians from Tallinn]]<br />
[[Category:Prime Ministers of Estonia]]<br />
[[Category:Recipients of the Order of the National Coat of Arms, 2nd Class]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=J%C3%BCri_Ratas&diff=886907504Jüri Ratas2019-03-09T09:19:48Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Infobox officeholder<br />
|name = Jüri Ratas<br />
|image = RK Jüri Ratas.jpg<br />
|caption = Ratas in 2015<br />
|office = [[List of heads of government of Estonia|17th]] [[Prime Minister of Estonia]]<br />
|president = [[Kersti Kaljulaid]]<br />
|term_start = 23 November 2016<br />
|term_end = <br />
|predecessor = [[Taavi Rõivas]]<br />
|successor = <br />
|office1 = Leader of the [[Estonian Centre Party|Centre Party]]<br />
|term_start1 = 5 November 2016<br />
|term_end1 = <br />
|predecessor1 = [[Edgar Savisaar]]<br />
|successor1 = <br />
|office2 = [[List of mayors of Tallinn|Mayor of Tallinn]]<br />
|term_start2 = 15 November 2005<br />
|term_end2 = 5 April 2007<br />
|predecessor2 = [[Tõnis Palts]]<br />
|successor2 = [[Edgar Savisaar]]<br />
|birth_date = {{birth date and age|1978|7|2|df=y}}<br />
|birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|death_date = <br />
|death_place = <br />
|party = [[Estonian Centre Party|Centre Party]]<br />
|spouse = Karin Ratas<br />
|children = 4<br />
|alma_mater = [[Tallinn University of Technology]]<br />
}}<br />
'''Jüri Ratas''' (born 2 July 1978) is an [[Estonia]]n politician who is the current leader of the [[Estonian Centre Party|Centre Party]] and the [[Prime Minister of Estonia]]. He acted as the vice-president of the [[Riigikogu]] from 2007 to 2016 and [[mayor|Mayor]] of Tallinn from 2005 to 2007. As a mayor of Tallinn he initiated the [[European Green Capital]] programme.<ref>http://ec.europa.eu/environment/europeangreencapital/about_submenus/background.html {{webarchive |url=https://web.archive.org/web/20100727131249/http://ec.europa.eu/environment/europeangreencapital/about_submenus/background.html |date=July 27, 2010 }}</ref><br />
<br />
In the 2015 [[Estonian parliamentary election, 2015|Estonian parliamentary election]], Ratas was re-elected to the parliament with 7,932 individual votes.<ref>{{cite web |url=http://rk2015.vvk.ee/detailed-4.html |title=Riigikogu valimised 2015: Detailne hääletamistulemus |publisher=Vabariigi Valimiskomisjon |accessdate= 30 March 2015 }}</ref> In March he was elected as the second deputy speaker of the Riigikogu.<ref>{{cite web |url=http://news.err.ee/v/politics/726a2702-593a-4cf9-af2a-0c0cd1597fb2 |publisher=ERR |title=Eiki Nestor re-elected as Parliament Speaker, Seeder and Ratas as deputies |date=30 March 2015 |accessdate=30 March 2015}}</ref><br />
<br />
On 5 November 2016, Ratas was elected to succeed [[Edgar Savisaar]] as the leader of the Centre Party.<ref>{{cite news |title=Jüri Ratas elected chairman of the Center Party |url=http://news.err.ee/v/7c7d883c-8fdc-49d6-a5b4-22fdc1375f58 |publisher=ERR |date=5 November 2016 |accessdate=22 November 2016}}</ref><br />
<br />
After [[Taavi Rõivas' second cabinet]] split in November 2016 due to internal struggle, coalition talks began between Centre Party, Social Democratic Party, and Pro Patria and Res Publica Union.<ref>{{cite news |title=Prime Minister loses no confidence vote, forced to resign |url=http://news.err.ee/v/news/b4f0b0a4-3586-41ee-aa40-6005b14809d2/prime-minister-loses-no-confidence-vote-forced-to-resign |publisher=ERR |date=9 November 2016 |accessdate=9 November 2016}}</ref> On 19 November, the three parties agreed on the conditions of the new [[Jüri Ratas' cabinet|coalition]] led by Ratas.<ref>{{cite news |title=Coalition agreement ready, ministries distributed |url=http://news.err.ee/v/news/b0e7efd7-a4e4-4d52-a639-e3df2929941d/coalition-agreement-ready-ministries-distributed |publisher=ERR |date=19 November 2016 |accessdate=19 November 2016}}</ref> Ratas was sworn in as the prime minister of Estonia on 23 November.<ref>{{cite news |title=49th cabinet of Estonia sworn in under Prime Minister Jüri Ratas |url=http://news.err.ee/v/news/225f7541-410d-4048-9891-5e0ff297f912/49th-cabinet-of-estonia-sworn-in-under-prime-minister-juri-ratas |publisher=ERR |date=23 November 2016 |accessdate=23 November 2016}}</ref><br />
<br />
==Personal life==<br />
Ratas is married and has a daughter and three sons. His father is [[Estonian Center Party]] politician [[Rein Ratas]].<ref>{{cite web|url=https://menu.err.ee/861121/peaminister-juri-ratase-perre-sundis-neljas-laps|title=Peaminister Jüri Ratase perre sündis neljas laps|first=|last=|date=13 September 2018|publisher=err.ee|accessdate=14 September 2018}}</ref><br />
<br />
Ratas regards himself to be a believer and has completed the [[Alpha course]] at [[St. Olaf's Church, Tallinn|St. Olaf's Church]].<ref>{{cite web |url=http://www.eestikirik.ee/oleviste-koguduse-vanempastor-siim-teekel-annab-juri-ratasele-ule-piibli |title=Oleviste koguduse vanempastor Siim Teekel annab Jüri Ratasele üle Piibli |publisher=Eesti Kirik |date=20 April 2007 |accessdate=23 November 2016}}</ref> Although in the press he has been described as a [[baptists|baptist]],<ref>{{cite web |url=http://publik.delfi.ee/news/inimesed/tallinna-linnapea-juri-ratas-on-baptist?id=11860401 |title=Tallinna linnapea Jüri Ratas on baptist |publisher=Delfi Publik |date=23 December 2005 |accessdate=20 November 2016}}</ref> he has denied this.<ref>{{cite web |url=http://etv.err.ee/v/elusaated/pealtnagija/pn_ekstra/44c3a6b2-0ead-4f2c-9dd1-e557b32f72ca |title=Vaata pikka intervjuud uue peaministriga |publisher=Eesti Televisioon |date=23 November 2016 |accessdate=23 November 2016}}</ref><br />
<br />
==See also==<br />
*[[Jüri Ratas' cabinet]]<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
*[https://web.archive.org/web/20061010104454/http://www.tallinn.ee/eng/g546s26956 Profile of Ratas at Tallinn.ee]<br />
*[http://www.riigikogu.ee/?op=ems&page=ikaart&pid=73301&pidel=1&dldel=1&prdel=1&ydel=1&umdel=0&lang=en Profile of Ratas at Parliament web]<br />
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[[Category:Prime Ministers of Estonia]]<br />
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{{Estonia-mayor-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Edgar_Savisaar&diff=886907259Edgar Savisaar2019-03-09T09:16:43Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Use dmy dates|date=August 2011}}<br />
{{Infobox officeholder<br />
| name = Edgar Savisaar<br />
| image = Edgar Savisaar 2005.jpg<br />
| office1 = [[List of mayors of Tallinn|Mayor of Tallinn]]<br />
| term_start1 = 9 April 2007<br />
| term_end1 = 30 September 2015<br />
| predecessor1 = [[Jüri Ratas]]<br />
| successor1 = [[Taavi Aas]]<br />
| term_start2 = December 2001<br />
| term_end2 = October 2004<br />
| predecessor2 = [[Tõnis Palts]]<br />
| successor2 = [[Tõnis Palts]]<br />
| office3 = [[Minister of the Interior and Regional Affairs (Estonia)|Minister of the Interior]]<br />
| term_start3 = 12 April 1995<br />
| term_end3 = 10 October 1995<br />
| predecessor3 = [[Kaido Kama]]<br />
| successor3 = [[Märt Rask]]<br />
| office4 = [[Prime Minister of Estonia]]<br>Acting<br />
| term_start4 = 20 August 1991<br />
| term_end4 = 29 January 1992<br />
| president4 = [[Arnold Rüütel]]<br><small>(Chairman of the Supreme Council of the Republic of Estonia)</small><br>[[Lennart Meri]]<br />
| predecessor4 = [[Otto Tief]] {{small|(1944)}}<br />
| successor4 = [[Tiit Vähi]]<br />
| birth_date = {{birth date and age|1950|5|31|df=y}}<br />
| birth_place = [[Harku]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
| death_date = <br />
| death_place = <br />
| party = [[Communist Party of the Soviet Union|Communist Party]] {{small|(1983–1988)}}<br>[[Popular Front of Estonia|Popular Front]] {{small|(1988–1991)}}<br>[[Estonian Centre Party|Centre Party]] {{small|(1991–present)}}<br />
| spouse = [[Vilja Savisaar-Toomast|Vilja Laanaru]] {{small|(1996–2009)}}<br />
| children = 4<br />
| alma_mater = [[University of Tartu]]<br />
}}<br />
'''Edgar Savisaar''' (born 31 May 1950) is an [[Estonia]]n politician, one of the founding members of [[Popular Front of Estonia]] and the [[Estonian Centre Party|Centre Party]]. He has served as the [[Prime Minister of Estonia|acting Prime Minister of Estonia]], [[Minister of the Interior (Estonia)|Minister of the Interior]], [[Ministry of Economic Affairs and Communications|Minister of Economic Affairs and Communications]] and Mayor of [[Tallinn]].<br />
<br />
== Early life and parents ==<br />
Savisaar was born to Estonian father Elmar Savisaar and ethnic Russian (from [[Petseri County]]) mother Maria Burešin, who lived in [[Vastse-Kuuste]]. In 1949 his parents wanted to leave the local [[kolkhoz]] with their livestock, this resulted in a physical conflict. Both were arrested on charges of seizing public property, tax evasion and assault. Elmar was sentenced 15 years (freed in 1952) and Marie Burešin 5 years (freed in 1950) in prison.<ref name="burešin" /><br />
<br />
Marie gave birth to Edgar in Harku women's prison while serving the sentence. The mother and newborn were released the same year after being pardoned and they returned to Vastse-Kuuse.<ref name="burešin">{{cite web | url=http://ekspress.delfi.ee/kuum/avastus-arhiivist-savisaare-vanemad-pandi-vangi-sest-nad-protestisid-kolhoosi-vastu?id=31293805 | title=Savisaare vanemad pandi vangi, sest nad protestisid kolhoosi vastu [Savisaar's parents jailed for protesting against the kolkhoz] | website=ekspress.delfi.ee | accessdate=29 December 2015}}</ref><br />
<br />
== Education ==<br />
After graduating from high school, Savisaar continued his studies at the [[University of Tartu]]. In 1973, he graduated from the university with a degree in history. In 1980, he wrote his candidate thesis in philosophy on the topic "Social Philosophical Foundations of the Global Models of the [[Club of Rome]]".<ref name=gov-edgar>{{cite web |title=Edgar Savisaar |work=biography |publisher=web site of The Government of the Republic of Estonia |url=http://www.valitsus.ee/?id=1415 |accessdate=14 February 2007 }}</ref><br />
<br />
== Career ==<br />
From 1980 to 1988, Savisaar worked in the Soviet Estonian governmental institutions dealing with the planning of economy. During 1988–1989, he was the academic director for the consultation company "Mainor".<br />
<br />
In April he co-established the [[Popular Front of Estonia|Popular Front]] (Rahvarinne) which became the first political mass organization in Soviet Union outside Communist Party after 1920. Initially formed to "support perestroika" Popular Front started increasingly develop ideas of Estonian national independence and created so called [[Singing Revolution]] phenomenon. The process with several others lead to dissolution of Soviet Union ultimately.<br />
<br />
In 1989, he became the Vice-Chairman of the Council of Ministers of [[Estonian SSR]] and the Head of the State Plan Committee. In 1990, he was the [[Minister of Economic Affairs and Communications|Minister of Economic Affairs]]. On 3 April 1990, he was appointed the Chairman of the Council of Ministers. When Estonia declared its independence on 20 August 1991, he became the first Prime Minister of the Republic of Estonia. His government was in office until 29 January 1992, when he resigned after supplementary problems and a continuing decline in economy. Most of his governing time was characterized by [[hyperinflation]] and ever increasing deficit of goods. "Purchase cards" and [[ration stamps]] were introduced. During the winter of 1991/1992 preparations were made to [[Emergency evacuation|evacuate]] the dormitory regions of Tallinn due to shortage of fuel. On 31 December 1991, people stood for hours in the bread queues, many were eventually left without bread. In January 1992, butter disappeared from the shops. Savisaar managed to win a vote of non-confidence, being mostly supported by his Popular Front, left-wing parties and the [[Intermovement]], but stepped down when it turned out impossible to introduce a state of emergency. He was replaced by a technocratic government under [[Tiit Vähi]]. <br />
<br />
From 1992 until 1995, Savisaar was the Vice-Speaker of the Estonian Parliament ([[Riigikogu]]). From 17 April – 6 November 1995, he was the Minister for Internal Affairs. When he was accused of recording private conversations of other politicians, the entire government faltered. Although his participation in the recordings was never proved, he announced his intention to leave politics. However, in 1996, he participated in the elections of the ''Riigikogu'' and became the Chairman of the [[Tallinn]] City Council. His return to the Centre Party leader's post evoked a split, as some leading members disillusioned with Savisaar's leadership style left to found ''Arengupartei''. From 2001 to 14 October 2004, he was mayor of [[Tallinn]]. On 11 April 2005, he became [[Minister of Economic Affairs and Communications]] in the new coalition of Prime Minister [[Andrus Ansip]] and worked in the post until March 2007. <br />
From 2007 he has been mayor of Tallinn, the capital of Estonia.<br />
<br />
Edgar Savisaar and Estonia People's Union leader [[Villu Reiljan]] jointly supported [[Arnold Rüütel]]'s candidature for presidency in August–September 2006; [[Toomas Hendrik Ilves]] was elected though, a choice criticised by Savisaar and attributed by him to alleged hostile media and partisan lawmakers.<ref>{{cite web|title=Edgar Savisaar seab kahtluse alla riigikohtu erapooletuse - Arhiiv - Postimees: Värsked uudised Eestist ja välismaalt|url=http://www.postimees.ee/1580957/edgar-savisaar-seab-kahtluse-alla-riigikohtu-erapooletuse|publisher=www.postimees.ee|accessdate=13 August 2016}}</ref> Savisaar refused to congratulate the winner.<ref>[http://www.postimees.ee/240906/esileht/siseuudised/presidendivalimised_2006/219571.php?r Postimees: Edgar Savisaar seab kahtluse alla riigikohtu erapooletuse] {{webarchive|url=https://archive.is/20120907050857/http://www.postimees.ee/240906/esileht/siseuudised/presidendivalimised_2006/219571.php?r |date=7 September 2012 }}. Postimees.ee. Retrieved on 4 August 2011.</ref><br />
<br />
In 2016, the discussion on electing a new leader escalated in the Centre Party and an extraordinary party congress was called for November.<ref>{{cite web|title=Savisaar agrees to extraordinary Center Party congress|url=http://news.err.ee/v/8bffd327-c58f-40e9-8cd2-5369425a5622|publisher=ERR|date=14 September 2016|accessdate=4 November 2016}}</ref> MP [[Jüri Ratas]] was the first to announced his candidacy, after which four others followed, including [[Yana Toom]].<ref>{{cite web|title=Ratas to run for chairman of Center Party, Ernits for party council chair|url=http://news.err.ee/v/723f39d3-740b-45f3-bdde-577f4723ec66|publisher=ERR|date=12 October 2016|accessdate=4 November 2016}}</ref> Even though Savisaar first announced his candidacy, he later announced that he would not participate the leadership election and instead endorsed Toom.<ref>{{cite web|title=Savisaar won't attend Center Party congress, asks to vote for Toom|url=http://news.postimees.ee/3898359/savisaar-won-t-attend-center-party-congress-asks-to-vote-for-toom|publisher=Postimees|date=4 November 2016|accessdate=4 November 2016}}</ref><br />
<br />
Savisaar has published four books. He has received the [[Order of the National Coat of Arms]] 2nd Class in 2001<ref>{{cite web | url=http://www.president.ee/en/estonia/decorations/bearers.php?id=981 | title=Bearers of decorations | website=president.ee | accessdate=2 January 2014}}</ref> and 1st Class in 2006<ref>{{cite web | url=http://www.president.ee/en/estonia/decorations/bearers.php?id=1119 | title=Bearers of decorations | website=president.ee | accessdate=2 January 2014}}</ref> from Estonia and the [[Order of the Three Stars]] 2nd Class in 2005 from Latvia.<ref>{{cite web | url=http://www.president.lv/images/modules/items/DOC/tzo%20registrs.doc | title=Ar Triju Zvaigžņu ordeni apbalvoto personu reģistrs apbalvošanas secībā, sākot no 2004. gada 1.oktobra | work=president.lv | accessdate=2 January 2014 | page=14 | language=lv | format=DOC}}</ref><br />
<br />
== Controversy ==<br />
[[File:Edgar Savisaar2.jpg|thumb|left|Savisaar giving an interview during the 2006 presidential election]]<br />
Savisaar is one of the most controversial politicians in Estonia. While some people, including many from the Russian-speaking minority, see him as a defender of the poor, his political opponents accuse him of authoritarianism, nepotism, corruption, destructive intrigues, and having close ties with some [[Russia]]n politicians. The latter accusation has been fuelled by the Centre Party's collaboration agreement with [[Vladimir Putin|Putin's]] [[United Russia]] party, particularly since the agreement's content has not been made public. Savisaar is often associated with using [[Machiavellianism|Machiavellian]] politics and deals to achieve his goals, such as taping other politicians, which caused the so-called tape scandal in 1995; and while being the mayor of the Estonian capital Tallinn, real-estate deals that were good for the members of the Centre Party, but were bad for the town.<ref name="savisaarrealestate">[http://www.delfi.ee/archive/article.php?id=11378593 Savisaar's and Kruuda's mutual gifts]. Delfi.ee. Retrieved on 4 August 2011.</ref><br />
<br />
=== Bronze Soldier ===<br />
During the events surrounding the [[Bronze Soldier]], Edgar Savisaar spoke out against the removal of the monument and accused [[Andrus Ansip]] of deliberate attempts of splitting the Estonian society by provoking the Russian minority.<ref name="splitter">[http://postimees.ee/300407/esileht/arvamus/257922.php Lõhestaja number üks] {{webarchive|url=https://web.archive.org/web/20071006120354/http://www.postimees.ee/300407/esileht/arvamus/257922.php |date=6 October 2007 }} Postimees</ref> In response to this many government officials and public figures have stated distrust and disrespect towards him.<ref name="paetdistrust">[http://www.postimees.ee/290407/esileht/siseuudised/257861.php Paet: Savisaar ei aita kaasa rahu tagamisele linnas] {{webarchive|url=https://web.archive.org/web/20070501030616/http://www.postimees.ee/290407/esileht/siseuudised/257861.php |date=1 May 2007 }}. Postimees.ee. Retrieved on 4 August 2011.</ref><ref name="pojadistrust">[http://www.postimees.ee/290407/esileht/siseuudised/257768.php Peeter Oja: Savisaar on silmakirjalik ja valelik] {{webarchive|url=https://web.archive.org/web/20070501013023/http://www.postimees.ee/290407/esileht/siseuudised/257768.php |date=1 May 2007 }}. Postimees.ee. Retrieved on 4 August 2011.</ref><ref>{{cite news |title=Rein Kilk: Savisaare loidus üllatas |date=30 April 2007 |url=http://www.delfi.ee/news/paevauudised/eesti/article.php?id=15715954 |publisher=Delfi|language=Estonian |accessdate=1 May 2007 }}</ref><br />
<br />
In relation to his reactions to the Bronze Soldier controversy, the [[Estonian Patriotic Movement]] created on 29 April 2007 an [[online petition]] website www.mahasavisaar.com to suggest resignation of Savisaar's position as the Mayor of [[Tallinn]].<ref>[http://ekre.ee/wp-content/rahvuslikliikumine/savisaare%20vastaste%20l6plik%20arv.htm Savisaare vastaste lõplik arv - 96678] {{webarchive|url=https://web.archive.org/web/20131029210803/http://ekre.ee/wp-content/rahvuslikliikumine/savisaare%20vastaste%20l6plik%20arv.htm |date=29 October 2013 }} rahvuslikliikumine.ee</ref><ref>{{cite news |title=Savisaare vastu antud tuhandeid allkirju |date=30 April 2007 |publisher=Delfi|language=Estonian |url=http://www.delfi.ee/news/paevauudised/eesti/article.php?id=15713331 |accessdate=1 May 2007 }}</ref> It ended on the 9 May 2007 and had collected 98,200 e-mail addresses (not signatures, although organizers of petition claimed so). In 2009 being a candidate for EP elections collected a 103506 votes in closed list system.<br />
<br />
=== Bribery allegations ===<br />
On 17 July 2015, [[Estonian Internal Security Service]] launched a criminal investigation on Savisaar and six others in relation to bribery allegations. He is suspected of accepting bribes with a value of hundreds of thousands of euros in 2014 and 2015 on behalf of himself and [[Estonian Centre Party]].<ref>{{cite news |title=Savisaar named suspect in bribery case |date=22 September 2015 |publisher=ERR|url=http://news.err.ee/v/politics/bd2685cb-2efe-4d7c-ac33-c26c09f9cf3d/savisaar-named-suspect-in-bribery-case |accessdate=30 September 2015}}</ref> It was later revealed that Savisaar was also suspected of corruption and money laundering.<ref>{{cite news |title=Savisaar suspected of corruption, money laundering, accepting illegal political donations |date=17 March 2016 |publisher=ERR|url=http://news.err.ee/v/news/dac0aa45-4253-46ae-9080-c241d5c9b91a/savisaar-suspected-of-corruption-money-laundering-accepting-illegal-political-donations|accessdate=18 March 2016}}</ref> Because of the ongoing investigation, Savisaar was suspended from mayor's office on 30 September 2015.<ref>{{cite news |title=Savisaar suspended from mayor's office |date=30 September 2015 |publisher=ERR|url=http://news.err.ee/v/politics/2b68a0b6-7636-4070-8389-f9751d5874a4/savisaar-suspended-from-mayors-office|accessdate=30 September 2015}}</ref> His original trial commenced in Harju County Court in June 2017.<ref>{{cite news|url=http://news.err.ee/601848/savisaar-s-mental-faculties-enable-him-to-stand-trial-expert-says|title=Savisaar's mental faculties enable him to stand trial, expert says|date=13 June 2017|work=Eesti Rahvusringhääling}}</ref> The county court ended the proceedings in June 2018 due to Savisaar's medical condition,<ref>{{cite news| url=http://news.err.ee/837162/court-closes-savisaar-case-due-to-defendant-s-illness| title=Court closes Savisaar case due to defendant's illness |work=Eesti Rahvusringhääling |date=5 June 2018}}</ref> however in August a higher circuit court ordered for the trial to resume.<ref>{{cite news| url=http://news.err.ee/853764/second-tier-court-overturns-termination-of-savisaar-trial |title=Second-tier court overturns termination of Savisaar trial |work=Eesti Rahvusringhääling |date=14 August 2018}}</ref> In December 2018, the Supreme Court of Estonia annulled the ruling of the circuit court, thus releasing Savisaar from criminal proceedings.<ref>{{cite news| url=https://news.err.ee/886714/savisaar-freed-from-trial-by-supreme-court |title=Savisaar freed from trial by Supreme Court |publisher=ERR |date=21 December 2018 |accessdate= 22 December 2018}}</ref><br />
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=== Biological father ===<br />
Estonian investigative journalist [[Enno Tammer]] has theorized that Elmar Savisaar is not Savisaar's biological father, because Elmar had already been arrested on 8 August 1949. Tammer went on to conclude that if Savisaar was conceived by someone else than his Estonian father, Savisaar may not be entitled to Estonian citizenship.<ref name="fathering">{{cite web | url=http://www.ohtuleht.ee/135830/enno-tammer-uurib-edgar-savisaare-sunnisaladust | title=Enno Tammer uurib Edgar Savisaare sünnisaladust [Enno Tammer is investigating Savisaar's birth secret] | website=ohtuleht.ee | accessdate=27 August 2017}}</ref><br />
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== Personal life ==<br />
<br />
Edgar Savisaar has been married three times and is the father of four children.<ref name=gov-edgar/> From his marriage to Kaire Savisaar he has a son Erki. From his marriage to Liis Remmel (then Liis Savisaar), he has a daughter Maria and son Edgar.<ref>{{cite web|url=http://www.ohtuleht.ee/261294/savisaare-naised-abikaasad-ustavad-jungrid-ja-noorukesed-wannabe-d|title=Savisaare naised - abikaasad, ustavad jüngrid ja noorukesed wannabe ’d|website=www.ohtuleht.ee|accessdate=7 August 2017}}</ref> The last marriage was to [[Vilja Toomast]] (then Vilja Savisaar), who is also an Estonian politician. They had a daughter, Rosina. The couple announced their separation and divorce in December 2009.<br />
<br />
In March of 2015, Savisaar was hospitalized due to an infection of [[Streptococcus]] bacteria in his right leg which had to be [[amputation|amputated]] above the knee. He contracted the disease during a trip in [[Thailand]]. <ref>{{cite web | url=http://news.err.ee/v/politics/a4647c6f-7291-4003-8ce3-d25af2cf97fc | title=Center Party leader Edgar Savisaar critically ill with an infection, leg amputated above the knee | website=err.ee | accessdate=25 March 2015}}</ref><ref>{{cite web|title=Edgar Savisaare jalg amputeeriti - Uudised - Tartu Postimees|url=http://tartu.postimees.ee/3132097/edgar-savisaare-jalg-amputeeriti|publisher=tartu.postimees.ee|accessdate=13 August 2016}}</ref><br />
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==References==<br />
{{reflist|2}}<br />
<br />
== External links ==<br />
{{commons category}}<br />
* [http://www.citymayors.com/mayors/tallinn-mayor-savisaar.html CityMayors profile]<br />
* [http://news.err.ee/Politics/470ffabc-3d38-4148-b777-80a6fd728e51 16. December 2010, err.ee, Tallinn Mayor an 'Agent of Russian Influence,' Alleges Leaked Intelligence]<br />
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{{s-bef|before=[[Indrek Toome]]}}<br />
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{{s-bef|before=[[Kaido Kama]]}}<br />
{{s-ttl|title=[[Minister of the Interior and Regional Affairs (Estonia)|Minister of the Interior]]|years=1995}}<br />
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{{s-bef|before=[[Tõnis Palts]]}}<br />
{{s-ttl|title=[[List of mayors of Tallinn|Mayor of Tallinn]]|years=2001–2004}}<br />
{{s-aft|after=[[Tõnis Palts]]}}<br />
|-<br />
{{s-bef|before=[[Andrus Ansip]]}}<br />
{{s-ttl|title=Minister of Economic Affairs and Communications|years=2005–2007}}<br />
{{s-aft|after=[[Juhan Parts]]}}<br />
|-<br />
{{s-bef|before=[[Jüri Ratas]]}}<br />
{{s-ttl|title=[[List of mayors of Tallinn|Mayor of Tallinn]]|years=2007–2015}}<br />
{{s-aft|after=[[Taavi Aas]]}}<br />
{{s-end}}<br />
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{{EstonianPMs}}<br />
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{{Authority control}}<br />
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{{DEFAULTSORT:Savisaar, Edgar}}<br />
[[Category:1950 births]]<br />
[[Category:Living people]]<br />
[[Category:People from Harku Parish]]<br />
[[Category:Estonian people of Russian descent]]<br />
[[Category:Estonian Centre Party politicians]]<br />
[[Category:Prime Ministers of Estonia]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Mayors of Tallinn]]<br />
[[Category:Party leaders of Estonia]]<br />
[[Category:21st-century Estonian politicians]]<br />
[[Category:People of the Singing Revolution]]<br />
[[Category:University of Tartu alumni]]<br />
[[Category:Estonian amputees]]<br />
[[Category:Voters of the Estonian restoration of Independence]]<br />
[[Category:Recipients of the Order of the National Coat of Arms, 1st Class]]<br />
[[Category:Recipients of the Order of the National Coat of Arms, 2nd Class]]<br />
[[Category:Independence activists]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Kersti_Kaljulaid&diff=886906921Kersti Kaljulaid2019-03-09T09:12:48Z<p>114.249.43.146: In August 1940, Estonia was incorporated into the Soviet Union as the Estonian SSR. Between 1940 and 1991, Estonia was really a sovereign part of the Soviet Union. Estonian SSR unilaterally renamed as "Republic of Estonia" in May 1990, then proclaimed its independence from the Soviet Union on 20 August 1991. Soviet Union officially recognized Estonian independence on 6 September 1991. All these historic facts are real, whether the Western countries recognize or not.</p>
<hr />
<div>{{Use dmy dates|date=September 2017}}<br />
{{Infobox officeholder <br />
|name = Kersti Kaljulaid<br />
|image = Ināra Mūrniece tiekas ar Igaunijas prezidenti (croped).jpg<br />
|office = 5th [[President of Estonia]]<br />
|primeminister = [[Taavi Rõivas]]<br>[[Jüri Ratas]]<br />
|term_start = 10 October 2016<br />
|term_end = <br />
|predecessor = [[Toomas Hendrik Ilves]]<br />
|successor = <br />
|birth_date = {{birth date and age|df=yes|1969|12|30}}<br />
|birth_place = [[Tartu]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|party = [[Pro Patria Union]] {{small|(2001–2004)}}<br />
|spouse = Georgi-Rene Maksimovski<br />
|children = 4<br />
|alma_mater = [[University of Tartu]]<br />
}}<br />
'''Kersti Kaljulaid''' ({{IPA-et|ˈkersti ˈkɑljulɑid̥|est}}; born 30 December 1969) is an Estonian politician who is the [[List of Presidents of Estonia|fifth and current President]] of [[Estonia]], in office since 10 October 2016. She is the first female head of state of Estonia since the country declared independence in 1918, as well as the youngest ever President, aged 46 at the time of her election.<ref name="estonianworld">[http://estonianworld.com/people/former-european-auditor-kersti-kaljulaid-elected-president-estonia/ Former European auditor Kersti Kaljulaid elected president of Estonia] Estonian World, 2 October 2016. Retrieved 3 October 2016.</ref> <br />
<br />
Kaljulaid is a former state official, serving as Estonia's representative in the [[European Court of Auditors]] from 2004 until 2016.<ref name="pm" /> After several unsuccessful rounds of [[Estonian presidential election, 2016|Estonian presidential elections in 2016]], Kaljulaid was brought in as a "[[dark horse]]", and on 30 September 2016 she was nominated by the majority of parliamentary parties as a joint candidate for [[President of Estonia]], as the only official candidate for that round. Kaljulaid was voted President of Estonia on 3 October 2016, by 81 votes with 17 abstainers.<ref name="uudised.err.ee">[http://uudised.err.ee/v/eesti/1182decd-e6dd-4e08-b91e-c7acc87b2559/kersti-kaljulaid-sai-81-haalega-uueks-eesti-presidendiks Kersti Kaljulaid sai 81 häälega uueks Eesti presidendiks] ERR, 3 October 2016 (in Estonian). Retrieved 3 October 2016</ref><ref>{{cite web|url=https://www.reuters.com/article/us-estonia-vote-president-idUSKCN12319Z |title=Estonia's parliament elects country's first female president |date=3 October 2016 |accessdate=6 October 2016 |agency=[[Reuters]]}}</ref><br />
<br />
== Biography ==<br />
<br />
=== Education ===<br />
In 1987, Kaljulaid graduated from Tallinn Secondary School no. 44.<ref>[http://www.mg.edu.ee/#vilistlased&lend=XXI Tallinna Mustamäe Gümnaasiumi vilistlased] (in Estonian). Retrieved 30 September 2016.</ref> During her studies there, she was a member of the Students' Scientific Association, specializing in [[ornithology]].<ref>Kaljulaid, K. (1986) ''Vainurästa (Turdus ilacius) pesitsusbioloogiast Eestis''. In: ''Eesti NSV Õpilaste Teadusliku Ühingu VI teaduskonverentsi teesid'', Tallinn, p. 24 (in Estonian)</ref> In 1992, she graduated from [[University of Tartu]] ''cum laude'' as a biologist. She is a member of Estonian female student corporation, [[Filiae Patriae]]. In 2001, she graduated from the University of Tartu with an MBA in business management.<ref>[http://majandus24.postimees.ee/v2/430460/kersti-kaljulaid-elu-euroopas-kodu-eestis Kersti Kaljulaid – elu Euroopas, kodu Eestis] {{webarchive|url=https://web.archive.org/web/20161003154215/http://majandus24.postimees.ee/v2/430460/kersti-kaljulaid-elu-euroopas-kodu-eestis |date=3 October 2016 }}. ''Postimees'', 7 May 2011. Retrieved 30 September 2016.</ref> Her thesis was titled as "Riigi poolt asutatud sihtasutuste juhtimissüsteemi täiustamine" or "The improvement of the management system of state-founded foundations" in English.<ref name="ETIS">[https://www.etis.ee/Portal/Persons/Display/6d3908a6-364c-4ffb-b510-9dee13009ab8 Kersti Kaljulaid. "The improvement of the management system of state-founded foundations"] in ETIS, the Database of Estonian Science (in Estonian) Accessed on 30 September 2016.</ref><br />
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Besides [[Estonian language|Estonian]], Kaljulaid is fluent in [[English language|English]], [[Finnish language|Finnish]], [[French language|French]] and to a certain extent, [[Russian language|Russian]].<ref>{{cite web|title=Biography|url=https://www.president.ee/en/president/biography/index.html|website=president.ee|publisher=Vabariigi Presidendi Kantselei|accessdate=2 March 2018}}</ref><ref>{{cite web|url=http://russia-ic.com/news/show/22572/#.Wz5psHNOkew|title=New President Of Estonia Doesn't Mind to Speak Russian |website=russia-ic.com}}</ref> <br />
<br />
[[File:Aku Sorainen ja Kersti Kaljulaid.jpg|thumb|left|University of Tartu Council seminar in 2015.]]<br />
<br />
=== Business career ===<br />
From 1996 to 1997 Kaljulaid was a sales manager in state-owned telecom Eesti Telefon and from 1997 to 1998 a project manager in [[Hoiupank|Hoiupanga Investeeringute AS]]. From 1998 to 1999 she was employed in [[Hansabank]]'s investment banking division [[Hansabank Markets]].<ref name="ETIS" /><ref name="pm">[http://www.postimees.ee/v2/3852005/kes-on-kersti-kaljulaid Kes on Kersti Kaljulaid?] {{webarchive|url=https://web.archive.org/web/20161001165651/http://www.postimees.ee/v2/3852005/kes-on-kersti-kaljulaid |date=1 October 2016 }} '' [[Postimees]]'', 27 September 2016 (in Estonian). Retrieved 30 September 2016.</ref> From 1999 to 2002, Kaljulaid worked as the economic advisor of Estonian Prime Minister [[Mart Laar]].<ref name="pm" /> From 2002 to 2004, she was the director of [[Iru Power Plant]], a subsidiary of the state-owned energy company [[Eesti Energia]].<ref>[https://www.etis.ee/Portal/Persons/Display/6d3908a6-364c-4ffb-b510-9dee13009ab8 ETIS] (in Estonian)</ref> She was the first woman to lead a power plant in Estonia.<ref name="estonianworld" /><br />
<br />
In 2004, when Estonia joined the European Union, Kaljulaid was appointed the country's representative at the European Court of Auditors.<ref name="estonianworld" /> Since 2011, Kaljulaid has been the chairperson of the board of the University of Tartu.<ref>[http://www.ut.ee/et/1111576 Tartu Ülikooli nõukogu esimeheks sai Kersti Kaljulaid], University of Tartu's press release, 2011 (in Estonian). Retrieved 30 September 2016.</ref><br />
<br />
=== Political career ===<br />
[[File:Kersti Kaljulaid ja Toomas Hendrik Ilves abikaasadega.jpg|thumb|Kaljulaid, her husband Georgi-Rene Maksimovski, outgoing President [[Toomas Hendrik Ilves]], and his wife [[Ieva Ilves]] at Kaljulaid's inauguration, [[Kadriorg Palace]], [[Tallinn]], 10 October 2016]]<br />
Kaljulaid has defined herself as a [[liberal conservatism|liberal conservative]].<ref>Otti Eylandt, [http://epl.delfi.ee/news/eesti/kersti-kaljulaid-inimestega-tuleb-raakida-igal-pool-toimib?id=75756097 Kersti Kaljulaid: inimestega tuleb rääkida – igal pool toimib] Eesti Päevaleht, 29 September 2016 (in Estonian). Retrieved 30 September 2016.</ref> She has spoken in support of strong civil society with less state interference, whilst placing high importance on helping those in need.<ref name="estonianworld" /><ref>[http://arvamus.postimees.ee/v2/3321025/kersti-kaljulaid-pagulaskuesimuses-on-vaja-julgust-nagu-iseseisvuse-taastamise-ajal Kersti Kaljulaid: pagulasküsimuses on vaja julgust nagu iseseisvuse taastamise ajal] {{webarchive|url=https://web.archive.org/web/20161011144905/http://arvamus.postimees.ee/v2/3321025/kersti-kaljulaid-pagulaskuesimuses-on-vaja-julgust-nagu-iseseisvuse-taastamise-ajal |date=11 October 2016 }}. ''Postimees'', 9 September 2015 (in Estonian). Retrieved 3 October 2016.</ref> She holds liberal views on social issues such as LGBT rights and immigration.<ref name="estonianworld" /> She has often published opinion pieces in Estonian media, considering the position of Estonia in the European Union and on social and economical matters. Additionally, she has been a regular participant in political analysis programmes of [[Radio Kuku]], e.g. "[[Keskpäevatund]]".<ref>[http://podcast.kuku.postimees.ee/saated/eurominutid/ Eurominutid]. ''Postimees''. Retrieved 28 September 2016.</ref><br />
<br />
From 2001 to 2004, she was a member of the political party [[Pro Patria Union]], a predecessor of the current [[Pro Patria and Res Publica Union]],<ref>[https://ariregister.rik.ee/erakonnad.py/search Estonian Business Register] {{webarchive|url=https://web.archive.org/web/20131021135454/https://ariregister.rik.ee/erakonnad.py/search |date=21 October 2013 }} (in Estonian)</ref> yet did not run in the elections.<ref name="pm" /><br />
<br />
As Kaljulaid's term as a member of the European Court of Auditors was due to end on 7 May 2016, she was confirmed as the next head of PRAXIS Center for Policy Studies in November 2015. Although the Estonian government should have proposed her replacement in the court by 7 February 2016, it still had not managed to do so by the end of her term, so she remained in the position.<ref>[http://www.ajakiri.ut.ee/artikkel/1605 Praxist valiti juhtima Kersti Kaljulaid] UT, November 2015 (in Estonian). Retrieved 30 September 2016.</ref><ref>[http://www.delfi.ee/news/paevauudised/eesti/kersti-kaljulaiu-ametiaeg-euroopa-kontrollikojas-loppes-kuid-ta-jaab-valitsuse-otsustamatuse-tottu-ametisse-ega-saa-asuda-praxise-juhiks?id=74452859 Kersti Kaljulaiu ametiaeg Euroopa Kontrollikojas lõppes, kuid ta jääb valitsuse otsustamatuse tõttu ametisse ega saa asuda Praxise juhiks] Delfi, 6 May 2016 (in Estonian). Retrieved 30 September 2016.</ref><ref>[http://www.postimees.ee/v2/3674911/kaljulaid-viivitus-teeb-kontrollikoja-toeoe-keerulisemaks-kuid-tuleme-toime Kaljulaid: viivitus teeb kontrollikoja töö keerulisemaks, kuid tuleme toime] {{webarchive|url=https://web.archive.org/web/20161001211755/http://www.postimees.ee/v2/3674911/kaljulaid-viivitus-teeb-kontrollikoja-toeoe-keerulisemaks-kuid-tuleme-toime |date=1 October 2016 }}. ''Postimees'', 29 April 2016 (in Estonian). Retrieved 30 September 2016.</ref> <br />
<br />
On 19 September 2016, the freshly founded Development Monitoring Advisory Board at the Chancellary of Estonian Parliament voted Kaljulaid to be its chair.<ref>[http://uudised.err.ee/v/eesti/fa2ce90e-97a9-468e-a395-e084a5ecfaa4/arenguseire-noukoja-esimeheks-valiti-kersti-kaljulaid Arenguseire nõukoja esimeheks valiti Kersti Kaljulaid] Estonian National Broadcasting (ERR), 19 June 2016 (in Estonian). Retrieved 30 September 2016.</ref><br />
<br />
After several failed rounds in the [[Estonian presidential election, 2016|Estonian presidential elections in August through September 2016]], a so-called "council of elders" of the [[Riigikogu]], which included the representatives of all parliamentary parties, the speaker and vice-speakers, asked for Kaljulaid's consent and then proposed her as the only potential presidential candidate to be put before the members of the Riigikogu on 3 October 2016. Her candidacy was officially registered on 30 September.<ref name="vanematekogu">[http://uudised.err.ee/v/eesti/7b052710-91ec-4627-9771-2b852bcabba2/fotod--vanematekogu-tegi-ettepaneku-esitada-presidendikandidaadiks-kersti-kaljulaid "FOTOD ja VIDEO | Vanematekogu tegi ettepaneku esitada presidendikandidaadiks Kersti Kaljulaid"] Estonian National Broadcasting (ERR), 27 September 2016 (in Estonian). Retrieved 30 September 2016.</ref> Riigikogu Speaker [[Eiki Nestor]] said that Kaljulaid undoubtedly had the required 68 votes from the 101-member Riigikogu, but the exact number remained to be seen.<ref>[http://www.baltictimes.com/estonia__parlt_parties_voice_support_of_kaljulaid_s_candidacy/ Estonia: Parlt parties voice support of Kaljulaid's candidacy] The Baltic Times, 28 September 2016. Retrieved 30 September 2016.</ref> Ultimately her candidacy was supported by 90 Riigikogu MPs.<ref>[http://rus.postimees.ee/3856053/v-podderzhku-kandidatury-kersti-kaljulajd-bylo-sobrano-90-podpisej В поддержку кандидатуры Керсти Кальюлайд было собрано 90 подписей]. ''Postimees'', 30 September 2016 (in Russian). Retrieved 30 September 2016.</ref> She won the elections by 81 votes with 17 abstainers and no votes against her,<ref name="uudised.err.ee"/> while the only parliamentary party that had publicly declared not to support her was [[Conservative People's Party of Estonia|EKRE]] which had only 7 votes.<ref>[http://www.postimees.ee/v2/3858451/ekre-ei-ole-muutnud-kaljulaidi-suhtes-meelt-ja-oma-haeaeli-talle-ei-anna EKRE ei ole muutnud Kaljulaidi suhtes meelt ja oma hääli talle ei anna] {{webarchive|url=https://web.archive.org/web/20161005071707/http://www.postimees.ee/v2/3858451/ekre-ei-ole-muutnud-kaljulaidi-suhtes-meelt-ja-oma-haeaeli-talle-ei-anna |date=5 October 2016 }}. ''Postimees'', 3 October 2016 (in Estonian). Retrieved 3 October 2016.</ref><br />
<br />
[[File:Meeting between the President of Ukraine and the President of Estonia began 01.jpg|thumb|Kaljulaid with [[Petro Poroshenko]].]]<br />
<br />
The main objection raised repeatedly during her candidacy by media as well as politicians and street polls was her being relatively unknown, compared to the candidates that had participated in the campaign.<ref>[http://www.delfi.ee/news/paevauudised/eesti/delfi-tanavakusitlus-kui-tuntud-on-kersti-kaljulaid-rahva-seas?id=75742315 DELFI TÄNAVAKÜSITLUS: Kui tuntud on Kersti Kaljulaid rahva seas?] Delfi, 27 September 2016 (in Estonian). Retrieved 3 October 2016.</ref><ref>[http://www.postimees.ee/v2/3853539/kommunikatsiooniekspert-kaljulaiust-rahvale-tundmatu-inimene-kelle-nimegagi-eksitakseKommunikatsiooniekspert Kaljulaiust: rahvale tundmatu inimene, kelle nimegagi eksitakse]{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }}. ''Postimees'', 28 September 2015 (in Estonian). Retrieved 3 October 2016.</ref><ref>[http://www.pealinn.ee/koik-uudised/janek-maggi-eestile-otsiti-presidenti-justkui-personalifirma-kaudu-n177282 JANEK MÄGGI: Eestile otsiti presidenti justkui personalifirma kaudu] Pealinn, 3 October 2015 (in Estonian). Retrieved 3 October 2016.</ref> She confronted the objection in her public letter and during several interviews by promising to become visible across the country, visiting different areas and talking to the people directly.<ref name="kiri">[http://arvamus.postimees.ee/v2/3855129/kersti-kaljulaid-minu-kiri-koigile-eestimaa-inimestele Kersti Kaljulaid: minu kiri kõigile Eestimaa inimestele] {{webarchive|url=https://web.archive.org/web/20161005080108/http://arvamus.postimees.ee/v2/3855129/kersti-kaljulaid-minu-kiri-koigile-eestimaa-inimestele |date=5 October 2016 }}. ''Postimees'', 29 September 2015 (in Estonian). Retrieved 3 October 2016.</ref> In mid-October 2016, the first conducted survey showed Kaljulaid's approval rating at 73%.<ref>{{cite web|url=http://news.err.ee/v/news/241f6018-9955-47a9-94c5-bddc38d1b589/new-estonian-presidents-approval-rating-at-73 |title=New Estonian president's approval rating at 73% |publisher=ERR |date=21 October 2016 |accessdate=21 October 2016 }}</ref><br />
<br />
In 2017, she became the first [[Estonians|Estonian]] to be featured in the ''[[Forbes]]'' magazine's list of The World's 100 Most Powerful Women, placed at 78th.<ref>{{Cite web|url=https://www.baltictimes.com/president_first_estonian_to_make_it_to_forbes__world_s_100_most_powerful_women_list/|title=President first Estonian to make it to Forbes' World's 100 Most Powerful Women list|website=www.baltictimes.com|language=en|access-date=2018-01-28}}</ref><ref>{{Cite news|url=http://estonianworld.com/people/president-kersti-kaljulaid-among-forbes-100-powerful-women/|title=President Kaljulaid among Forbes' 100 most powerful women|date=2017-11-01|work=Estonian World|access-date=2018-01-28|language=en-US}}</ref>, and came twenty second among the most influential female political leaders.<ref>{{Cite news|url=https://www.forbes.com/sites/carolinehoward/2017/11/01/women-who-rule-the-world-the-25-most-powerful-female-political-leaders-2017/#e6871385c1b3|title=Women Who Rule the World: The 25 Most Powerful Female Political Leaders 2017|last=Howard|first=Caroline|work=Forbes|access-date=2018-01-28|language=en}}</ref><br />
<br />
==Personal life==<br />
Kaljulaid has a daughter and a son from her first marriage. She is also a grandmother.<ref>[http://publik.delfi.ee/news/inimesed/kersti-kaljulaid-ujub-presidendiakvaariumis-uksinda-nad-on-koik-mu-seljataga-olemas-mu-perekond?id=75756461 Kersti Kaljulaid ujub presidendiakvaariumis üksinda: nad on kõik mu seljataga olemas, mu perekond] Delfi, 28 September 2016 (in Estonian). Retrieved 30 September 2016.</ref> Kaljulaid's second husband is Georgi-Rene Maksimovski; they have two sons.<ref>[http://digileht.ohtuleht.ee/761864/kes-on-kersti-kaljulaiu-salaparane-abikaasa-georgi-rene-maksimovski Kes on Kersti Kaljulaiu salapärane abikaasa Georgi-Rene Maksimovski?] Õhtuleht, 29 September 2016 (in Estonian). Retrieved 30 September 2016.</ref><ref>[http://digi.lib.ttu.ee/i/?113 TTÜ lõpetajad 1918–2006], Tallinn Technical University (in Estonian). Retrieved 30 September 2016.</ref><br />
<br />
Kaljulaid's half-brother, [[Estonian Centre Party]] politician [[Raimond Kaljulaid]], is the Elder of [[Põhja-Tallinn]] district<ref>[http://news.err.ee/v/news/7814e30b-ebb8-4d0f-a0af-384c4f732a8d/prosecutor-ends-criminal-proceeding-concerning-raimond-kaljulaid "Prosecutor ends criminal proceeding concerning Raimond Kaljulaid"]. News.err.ee, 10 May 2016. Retrieved 18 October 2016.</ref> of the capital of Estonia, [[Tallinn]].<ref>[http://publik.delfi.ee/news/inimesed/uhe-perekonna-tahtis-nadal-eesti-uueks-presidendiks-voib-saada-asja-abielu-lahutanud-raimond-kaljulaiu-poolode?id=75741119 Ühe perekonna tähtis nädal: Eesti uueks presidendiks võib saada äsja abielu lahutanud Raimond Kaljulaiu poolõde]. Delfi, 27 September 2016 (in Estonian). Retrieved 30 September 2016.</ref><br />
<br />
==Honours==<br />
*[[File:EST_Order_of_the_National_Coat_of_Arms_-_1st_Class_BAR.png|80px]] Collar of the [[Order of the National Coat of Arms]], [[Estonia]] (10 October 2016).<br />
*[[File:FIN_Order_of_the_White_Rose_Grand_Cross_BAR.png|80px]] Grand Cross with Collar of the [[Order of the White Rose]], [[Finland]] (7 March 2017).<br />
*[[File:NLD Order of the Dutch Lion - Grand Cross BAR.png|80px]] Grand Cross of the [[Order of the Netherlands Lion]], [[Netherlands]] (12 June 2018).<br />
*[[File:ITA OMRI 2001 GC-GCord BAR.svg|80px]] Knight Grand Cross with Collar of the [[Order of Merit of the Italian Republic]], [[Italy]] (5 June 2018).<br />
<br />
==Awards==<br />
* In 2009, European Movement Estonia awarded Kaljulaid with the European of the Year title.<ref>[http://www.postimees.ee/v2/117217/aasta-eurooplaseks-valiti-kersti-kaljulaid Aasta eurooplaseks valiti Kersti Kaljulaid] {{webarchive|url=https://web.archive.org/web/20161001211802/http://www.postimees.ee/v2/117217/aasta-eurooplaseks-valiti-kersti-kaljulaid |date=1 October 2016 }}. ''Postimees'', 9 May 2009 (in Estonian). Retrieved 30 September 2016.</ref><br />
* In 2014, the Open Estonia Foundation awarded her the Award of Unity for her analyses and comments explaining the function of European Union for Estonian audiences.<ref>[http://oef.org.ee/teoksil/koostoo-dialoog-debatt/koosmeel/ The Unity Award], Open Estonian Foundation (in Estonian). Retrieved 30 September 2016.</ref><br />
<br />
==References==<br />
{{reflist}}<br />
<br />
== External links ==<br />
{{Commonscat|Kersti Kaljulaid}}<br />
* [http://www.baltictimes.com/estonia__parlt_parties_voice_support_of_kaljulaid_s_candidacy/ Estonia: Parlt parties voice support of Kaljulaid's candidacy] ''The Baltic Times'', 28 September 2016.<br />
* [http://www.investinestonia.com/en/about-estonia/news/article/1186-president-kersti-kaljulaid-s-interview-for-finnish-business-newspaper-kauppalehti-digi-supports-a-return-to-growth "President Kersti Kaljulaid's Interview for Finnish Business Newspaper Kauppalehti: 'Digital' Supports a Return to Growth"]. Estonian Investment Agency, 29 November 2016.<br />
* [https://www.ft.com/content/8080e94e-ed50-11e6-930f-061b01e23655 "Estonia ‘not afraid’ to be on Nato frontline, president says"]. ''[[Financial Times]]'', 9 February 2017.<br />
* Lally Weymouth: [https://www.washingtonpost.com/opinions/russia-is-a-threat-estonia-frets-about-its-neighbor/2017/03/24/011ad320-0f2b-11e7-9b0d-d27c98455440_story.html "‘Russia is a threat’: Estonia frets about its neighbor"]. ''[[The Washington Post]]'', 24 March 2017 (Interview with Kersti Kaljulaid)<br />
*[https://president.ee/en/president/biography/index.html "Biography | President"], Office of the President of Estonia, 3 August 2017.<br />
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{{Estonia Presidents}}<br />
{{Heads of state of the European Union Member states}}<br />
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{{DEFAULTSORT:Kaljulaid, Kersti}}<br />
[[Category:1969 births]]<br />
[[Category:Estonian politicians]]<br />
[[Category:Estonian women in politics]]<br />
[[Category:Female heads of state]]<br />
[[Category:Living people]]<br />
[[Category:Politicians from Tartu]]<br />
[[Category:Presidents of Estonia]]<br />
[[Category:Women presidents]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Constitution_of_the_Republic_of_China&diff=886795136Constitution of the Republic of China2019-03-08T16:07:44Z<p>114.249.43.146: </p>
<hr />
<div>{{more citations needed|date = December 2010}}<br />
{{About||the articles currently implemented in Taiwan area|Additional Articles of the Constitution of the Republic of China}}<br />
{{Infobox constitution<br />
| document_name = Constitution of the Republic of China<br />
| image = 1946 National Assembly Constitution.jpg<br />
| image_alt = 國史館 中華民國憲法正本 20180607.jpg<br />
| caption = Page one of the original copy of the Constitution<br />
| orig_lang_code = zh-tw<br />
| title_orig = {{noitalic|中華民國憲法}}<br />
| jurisdiction = Republic of China<br />
| date_created = <br />
| date_presented = <br />
| date_ratified = December 25, 1946<br />
| date_effective = December 25, 1947<br />
| date_repealed = October 1, 1949 (Chinese mainland)<br />
| system = [[Unitary state|Unitary]] [[Parliamentary republic|parliamentary]]<br>constitutional [[republic]]<br />
| branches = Five ([[Executive Yuan|Executive]], [[Legislative Yuan|Legislative]], [[Judicial Yuan|Judicial]], [[Examination Yuan|Examination]], [[Control Yuan|Control]])<br />
| head_of_state = [[President of the Republic of China|President]]<br />
| chambers = Tricameral ([[National Assembly (Republic of China)|National Assembly]], [[Legislative Yuan]], [[Control Yuan]])<ref>[https://www.judicial.gov.tw/constitutionalcourt/en/p03_01.asp?expno=76 J.Y. Interpretation No.76]</ref><br />
| executive = [[Premier of the Republic of China|Premier]] led [[Executive Yuan]]<br />
| courts = [[Judicial Yuan]]<br />
| federalism = Unitary<br />
| electoral_college = Yes ([[National Assembly (Republic of China)|National Assembly]])<br />
| number_entrenchments =<br />
| date_legislature = [[1947 Republic of China National Assembly election|March 29, 1948]] ([[National Assembly (Republic of China)|NA]])<br>[[1948 Chinese legislative election|May 8, 1948]] ([[Legislative Yuan|LY]])<br>June 5, 1948 ([[Control Yuan|CY]])<ref>[https://www.cy.gov.tw/ct.asp?xItem=3074&ctNode=1728 Historical Background of Control Yuan]</ref><br />
| date_first_executive = [[1948 Republic of China presidential election|May 20, 1948]] ([[President of the Republic of China|President]])<br>May 24, 1948 ([[Premier of the Republic of China|Premier]])<br />
| date_first_court = July 2, 1948<br />
| number_amendments = ''see [[Additional Articles of the Constitution of the Republic of China]]''<br />
| date_last_amended =<br />
| location_of_document = Academia Historica, [[Zhongzheng District|Zhongzheng]], [[Taipei]]<ref>[https://www.drnh.gov.tw/p/405-1003-7108,c151.php?Lang=en Valuable Archival Records — Academia Historica]</ref><br />
| commissioned = National Constituent Assembly ({{lang|zh-tw|[[:zh:制憲國民大會|制憲國民大會]]}})<br />
| writer = [[Carsun Chang]] and the members of the National Constituent Assembly<br />
| signers = 1,701 of the 2,050 delegates, in [[Nanjing|Nanking]]<br />
| media_type =<br />
| supersedes = [[Provisional Constitution of the Republic of China]]<br />
}}<br />
{{Chinese<br />
|title = Constitution of the<br />Republic of China<br />
|t = {{linktext|中華民國|憲法}}<br />
|s = {{linktext|中华民国|宪法}}<br />
|bpmf = ㄓㄨㄥ ㄏㄨㄚˊ ㄇㄧㄣˊ ㄍㄨㄛˊ ㄒㄧㄢˋ ㄈㄚˋ<br />
|w = Chung¹-hua² Min²-kuo² Hsien⁴-fa³<br />
|p = Zhōnghuá Mínguó Xiànfǎ<br />
|tp = Jhonghuá Mínguó Siànfǎ<br />
|mps = Jūnghuá Mínguó Shiànfǎ<br />
|gr = Jonghwa Min'gwo Shiannfaa<br />
|poj = Tiong-hôa Bîn-kok Hiàn-hoat<br />
|tl = Tiong-huâ Bîn-kok Hiàn-huat<br />
|h = Chûng-fà Mìn-koet Hien-fap<br />
}}<br />
The '''Constitution of the Republic of China''' is the supreme law in the Republic of China. It was ratified by the [[Kuomintang]] led National Constituent Assembly session on December 25, 1946 in [[Nanjing|Nanking]] and adopted on December 25, 1947. Though the Constitution was intended for the whole [[Republic of China (1912-1949)|China]], it has never extensively nor effectively been implemented in any territory. In response to the outbreak of [[Chinese Civil War]] by the time of the constitution's promulgation, the newly elected [[National Assembly (Republic of China)|National Assembly]] soon ratified the [[Temporary Provisions against the Communist Rebellion]] on May 10, 1948. The Temporary Provisions symbols the country's entering into the [[state of emergency]] and granted the [[Kuomintang]] led [[government of the Republic of China]] extra-constitutional powers.<br />
<br />
{|class=wikitable style="text-align:center;"<br />
|+Implementation of the Constitution of the Republic of China<br />
!Date!!Other [[basic law]]!!Government location!!Timespan<br />
|-<br />
|December 25, 1947 – May 10, 1948||{{n/a}}||[[Nanjing|Nanking]]||{{Age in years and months|1947|12|25 |1948|5|10}}<br />
|-<br />
|May 10, 1948 – December 7, 1949||rowspan=2|[[Temporary Provisions against the Communist Rebellion|Temporary Provisions against<br>the Communist Rebellion]]||[[Nanjing|Nanking]], [[Guangzhou|Canton]], [[Chongqing|Chungking]], [[Chengdu|Chengtu]]||{{Age in years and months|1948|5|10 |1949|12|7}}<br />
|-<br />
|December 7, 1949 – April 30, 1991||rowspan=2|[[Taipei]]||{{Age in years and months|1949|12|7 |1991|4|30}}<br />
|-<br />
|May 1, 1991 – Present||[[Additional Articles of the Constitution of the Republic of China|'''Additional Articles<br>of the Constitution''']]||{{Age in years and months|1991|4|30}}<br />
|}<br />
<br />
Following the [[Republic of China retreat to Taiwan|ROC government's retreat to Taiwan]] on December 7, 1949, the [[Temporary Provisions against the Communist Rebellion|Temporary Provisions]] together with the [[Martial law in Taiwan]] made the country an [[Authoritarianism|authoritarian]] [[one-party state]] despite the constitution. [[Democratization]] began in the 1980s. [[Martial law in Taiwan|Martial law]] was lifted in 1987, and in 1991 the Temporary Provisions were repealed. The [[Additional Articles of the Constitution of the Republic of China|Additional Articles of the Constitution]] was passed to reflect the government's [[Free area of the Republic of China|actual jurisdiction]] and realization of [[cross-Strait relations]]. The Additional Articles also significantly changed the structure of the [[government]] to [[semi-presidential system]] with [[Unicameralism|unicameral parliament]]. These finally formed the basis of a [[Multi-party system|multi-party]] [[democracy]] in Taiwan area.<br />
<br />
During the 1990s and early 2000s (decade), the Constitution's origins in Chinese mainland led to supporters of [[Taiwan independence]] to push for a new Taiwanese constitution.<ref>{{cite news |last=Chang |first=Yun-ping |url = http://www.taipeitimes.com/News/front/archives/2004/07/02/2003177341 | title = Lee launches constitution campaign |newspaper= Taipei Times | date = 2004-07-02}}</ref><ref>{{cite news |last=Ko |first=Shu-ling |url = http://www.taipeitimes.com/News/taiwan/archives/2007/03/19/2003352928 | title = Group pushes new constitution | publisher = Taipei Times | date = 2007-03-19}}</ref><ref>{{cite news |last=Wu |first=Ming-chi | url = http://www.taipeitimes.com/News/editorials/archives/2003/10/28/2003073703 | title = US, EU apt constitutional models | publisher = Taipei Times | date = 2003-10-28}}</ref> However, attempts by the [[Democratic Progressive Party]] administration to create a new Constitution during the second term of DPP [[President of the Republic of China|President]] [[Chen Shui-bian]] failed, because the then opposition [[Kuomintang]] controlled the [[Legislative Yuan]].<ref>{{cite web |last=Wu |first=Sofia |url = http://www.globalsecurity.org/wmd/library/news/taiwan/2004/taiwan-040422-cna03.htm | title = New Constitution plan not independence timetable: Presidential Office | publisher = Global Security | date = 2004-04-22 |agency=CNA}}</ref><ref>{{cite news |last=Chang |first=Yun-ping | url = http://www.taipeitimes.com/News/taiwan/archives/2003/11/21/2003076662 | title = DPP, KMT agree to debate between Chen and Lien | publisher = Taipei Times | date = 2003-11-21}}</ref> It was only agreed to reform the Constitution of the Republic of China, not to create a new one. It was lastly amended in 2005, with the consent of both the KMT and the DPP. The most recent revision to the constitution took place in 2004.<ref>{{cite web |title=Introduction(3) |url = http://english.president.gov.tw/Default.aspx?tabid=1033#09 |at=Seventh revision |publisher=Office of the President, Republic of China (Taiwan) |accessdate=2015-02-26}}</ref><br />
<br />
== History ==<br />
=== Early attempts of Chinese constitution ===<br />
{{Unreferenced section|date=February 2011}}<br />
The [[Provisional Constitution of the Republic of China]] was drawn up in March 1912 and formed the basic government document of the Republic of China until 1928. It provided a Western-style [[parliamentary system]] headed by a weak president. However, the system was quickly usurped when [[Song Jiaoren]], who as leader of the KMT was to become prime minister following the party's victory in the [[Republic of China legislative election, 1913|1913 elections]], was assassinated by the orders of President [[Yuan Shikai]].<ref>{{cite journal |title=Song Jiaoren's Assassination & Second Revolution|last=Xiang |first=Ah |url = http://www.republicanchina.org/Second_Revolution.pdf |publisher=Republican China|accessdate=2016-11-27}}</ref> Yuan regularly flouted the elected assembly and assumed dictatorial powers. Upon his death in 1916, China disintegrated into [[warlordism]] and the [[Beiyang Government]] operating under the Constitution remained in the hands of various military leaders.<br />
<br />
The Kuomintang under [[Chiang Kai-shek]] established control over much of China by 1928. The Nationalist Government promulgated the [[Provisional Constitution of the Political Tutelage Period]] on May 5, 1931. Under this document, the government operated under a [[one-party system]] with supreme power held by the [[National Congress of the Kuomintang]] and effective power held by the [[Central Executive Committee of the Kuomintang]]. In [[Leninist]] fashion, it permitted a system of dual party-state committees to form the basis of government. The KMT intended this Constitution to remain in effect until the country had been pacified and the people sufficiently "educated" to participate in democratic government.<br />
<br />
{|<br />
|[[File:RedactoresDeLaConstituciónChina1913TemploDelCielo.jpg|thumb|right|250px|The original Constitutional Drafting Committee of the newly founded [[Republic of China (1912-1949)|Republic of China]], photographed on the steps of the [[Temple of Heaven]] in [[Beijing|Peking]], where the draft was completed in 1913.]]<br />
|[[File:憲法草案正文起草者.jpg|thumb|right|250px|Drafting Committee members of the 1913 constitution draft]]<br />
|}<br />
<br />
=== Drafting process ===<br />
The constitution was first drafted by the [[Kuomintang]] (KMT) as part of its third stage of national development (i.e., [[representative democracy]]), it established a centralized republic with five [[Separation of powers|branches of government]]. The constitution traces its origins to the end of the [[Second Sino-Japanese War]]. The impending outbreak of the [[Chinese Civil War]] pressured [[Chiang Kai-shek]] into enacting a democratic Constitution that would end KMT one-party rule. The Communists sought a coalition of one-third Nationalists, one-third Communists, and one-third other parties, to form a government that would draft the new Constitution. However, while rejecting this idea, the KMT and the CCP jointly held a convention at which both parties presented views. Amidst heated debate, many of the demands from the Communist Party were met, including the popular election of the Legislative Yuan. Together, these drafts are called the Constitutional Draft of the Political Convention ({{lang|zh-tw|政協憲草}}). <br />
<br />
The Constitution, with minor revisions from the latest draft, was adopted by the National Constituent Assembly session on December 25, 1946 in [[Nanjing|Nanking]], promulgated by the National Government on January 1, 1947, and the fifth and current Chinese constitution was officially went into effect on December 25, 1947. The Constitution was seen as the third and final stage of Kuomintang reconstruction of China. The Communists, though they attended the convention, and participated in drafting the constitution, boycotted the National Assembly and declared after the ratification that not only would they not recognize the ROC constitution, but all bills passed by the Nationalist administration would be disregarded as well. However, due to their showing in the election (approx. 800 out of 3045 seats,) their boycott did not prevent the Assembly from reaching quorum and thus electing [[Chiang Kai-shek]] and [[Lee Tsung-jen]] as President and Vice President respectively. [[Zhou Enlai]] challenged the legitimacy of the National Assembly in 1947 by asserting that the KMT hand-picked its members 10 years earlier, and thus the Assembly could not be the legal representatives of the Chinese people.<br />
<br />
{|<br />
|[[File:Chungking 1946 Jan.jpg|thumb|right|250px|Political Consultative Conference in [[Chongqing|Chungking]], latest draft of the constitution was discussed by different political parties including [[Kuomintang]] and [[Communist Party of China]].]]<br />
|[[File:Delivering ceremony of the Constitution of ROC.jpg|thumb|right|250px|[[Wu Zhihui]], chairman of the National Constituent Assembly, handed the ratified constitution to [[Chiang Kai-shek]], chairman of the [[Nationalist Government]].]]<br />
|}<br />
<br />
== Content ==<br />
=== Three Principles of the People ===<br />
The constitution is centered on the [[Three Principles of the People]] ({{zh|c=三民主義|p=Sān Mín Zhǔyì}}) are Minzu ({{lang|zh-tw|民族}}), Minquan ({{lang|zh-tw|民權}}), and Minsheng ({{lang|zh-tw|民生}}), roughly defined as nationalism, democracy, and the livelihood of the people<ref>{{cite book |title=Marxism in the Chinese revolution|last=Dirlik |first=Arif |year=2005 |publisher=Rowman & Littlefield |place=Lanham, MD |page=26|isbn=9780742530690}}</ref>, which called for the establishment of a government of the people, by the people, and for the people. A government of the people invoked the idea of [[civic nationalism]] of [[China]]. A government by the people sought to create a Western [[parliamentary democracy]] and a [[separation of powers]]. A government for the people means that the government to a certain extent must provide services that are essential to the well-being of society.<br />
<br />
=== Civil and political rights of people ===<br />
The basic civil rights and duties of the people are specified in Chapter 2 of the Constitution. Chapter 12 specifies four political rights of the people: election of public officials, recall of public officials, legislative initiative, and referendum.<br />
<br />
=== Leadership and authoritative legislative body ===<br />
The Constitution introduced a powerful authoritative legislative body — [[National Assembly (Republic of China)|National Assembly]] ({{zh|c=國民大會|p=Guómín Dàhuì}}), similar to the [[Supreme Soviet of the Soviet Union]] or the [[United States Electoral College]]. The National Assembly has right to amend the Constitution and elect the [[President of the Republic of China]]. It exercises political rights on behalf of the people and supervises the functions of the [[government of the Republic of China]]. Originally, the [[National Assembly (Republic of China)|National Assembly]] was the "parliament" of the republic, but it lost relevance in the 1990s and was abolished in 2005 with its functionalities as a parliament transferred to the [[Legislative Yuan]].<br />
<br />
The [[President of the Republic of China]] ({{zh|c=總統|p=Zǒngtǒng}}) is the [[head of state]] and the Commander-in-Chief of the [[Republic of China Armed Forces]]. The president shall be elected by the [[National Assembly (Republic of China)|National Assembly]] with a six-year term. While the original intent was to have a parliamentary system (as evidenced in the existence of both a president and premier), due to the [[Temporary Provisions Effective During the Period of Communist Rebellion|Temporary Provisions]], Generalissimo Chiang Kai-shek was allowed by the [[National Assembly (Republic of China)|National Assembly]] to reduce the function of the premier and to concentrate more power in the presidency. As a result, the current government is in practice a [[semi-presidential system]]. <br />
<br />
=== Separation of five powers ===<br />
[[Sun Yat-sen]]'s political theory calls for a constitution with [[Separation of powers|five powers of the government]] ({{zh|c=五權憲法|p=Wǔ Quán Xiànfǎ}}), which mixes the legacy of China's imperial past to the three branches of Western governments. In the constitution, the five branches or Yuan ({{lang|zh-tw|院}}) are: the [[Executive Yuan]] ({{lang|zh-tw|行政院}}), [[Legislative Yuan]] ({{lang|zh-tw|立法院}}), [[Judicial Yuan]] ({{lang|zh-tw|司法院}}), [[Examination Yuan]] ({{lang|zh-tw|考試院}}), and [[Control Yuan]] ({{lang|zh-tw|監察院}}).<br />
<br />
=== Racial groups in frontier regions ===<br />
{{seealso|Five Races Under One Union|Zhonghua minzu}}<br />
The ideology of the [[Kuomintang|Chinese Nationalist Party]] during the [[Xinhai Revolution]] was to create unity between the five traditional [[List of ethnic groups in China|ethnic groups in China]] ([[Han Chinese|Han]], [[Manchu]]s, [[Mongols]], [[Hui people|Hui]] (Muslims), and [[Tibetan people|Tibetans]]) in order to stand up to European and Japanese imperialism as one, strong nation. The constitution has articles to protect the equality of different races and the political rights of racial groups in frontier regions. However, since some [[Provinces of China|provinces]] similar to [[China proper]] have been created on [[Manchuria]] and [[Xinjiang Province, Republic of China|Xinjiang]]. Only the protection of local autonomy in [[Inner Mongolia|Inner]] and [[Outer Mongolia]], and [[Tibet Area (administrative division)|Tibet]] were regulated explicitly.<br />
<br />
== Implementation ==<br />
=== Suspension of the constitution and martial law ===<br />
{{main|Temporary Provisions against the Communist Rebellion}}<br />
Implementation of this constitution made China, then with a population of 450 million, the most populous "paper [[democracy]]". Though the Constitution was intended for the whole [[Republic of China (1912-1949)|China]], it was neither extensively nor effectively implemented as the KMT was already fully embroiled in a [[Chinese Civil War|civil war]] with the [[Communist Party of China]] by the time of its promulgation. <br />
<br />
On January 10, 1947, Governor [[Chen Yi (Kuomintang)|Chen Yi]] announced that the new ROC Constitution would not apply to Taiwan after it went into effect in mainland China on December 25, 1947 as Taiwan was still under [[military occupation]] and also that Taiwanese were politically naive and were not capable of self-governing.<ref>Kerr, George H. (1965) Formosa Betrayed, Boston Houghton Mifflin: p240</ref> Later that year, Chen Yi was dismissed and the [[Taiwan Provincial Government]] was established. <br />
<br />
On April 18, 1948, the National Assembly added to the Constitution the "[[Temporary Provisions against the Communist Rebellion]]". The Temporary Provisions came into force on May 10, 1948, ten days before the inauguration of the first [[President of the Republic of China]]. These articles greatly enhanced the power of the [[President of the Republic of China|president]] and abolished the two term limit for the president and the vice president. Since December 7, 1949, the [[Taiwan|ROC]] only controls the "[[free area of the Republic of China]]", which is essentially [[Geography of Taiwan|Taiwan]], [[Penghu]], [[Kinmen]], [[Matsu Islands|Matsu]], [[Pratas Islands|Pratas]] and [[Taiping Island]], the only territories not lost to the [[Communist Party of China|Chinese Communists]] in the [[Chinese Civil War]].<br />
<br />
From March 1947 until 1987, Taiwan was in a state of [[martial law]]. Although the constitution provided for regular democratic elections, these were not held in Taiwan until the 1990s. In 1954, the [[Judicial Yuan]] ruled that the delegates elected to the National Assembly and Legislative Yuan in 1947 would remain in office until new elections could be held in [[Mainland China]] which had come under the control of the [[Communist Party of China]] in 1949. This judicial ruling allowed the [[Kuomintang]] to rule unchallenged in Taiwan until the 1990s. In the 1970s, supplemental elections began to be held for the [[Legislative Yuan]]. Although these were for a limited number of seats, they did allow for the transition to a more open political system. In 1991, these members were ordered to resign by a subsequent Judicial Yuan ruling.<br />
<br />
=== Democratization ===<br />
{{main|Additional Articles of the Constitution of the Republic of China}}<br />
In the late 1980s, the Constitution faced the growing democratization on Taiwan combined with the mortality of the delegates that were elected in 1947. Faced with these pressures, on April 22, 1991, the first National Assembly voted itself out of office, abolished the Temporary Provisions passed in 1948, and adopted major amendments (known as the "First Revision") permitting free elections.<br />
<br />
On May 27, 1992 several other amendments were passed (known as the "Second Revision"), most notably that allowing the direct election of the [[President of the Republic of China]], Governor of [[Taiwan Province]], and municipal mayors. Ten new amendments to replace the eighteen amendments of the First and Second Revisions were passed on July 28, 1994. The amendments passed on July 18, 1997 streamlined the Taiwan Provincial Government and granted the Legislative Yuan powers of impeachment. The constitution was subsequently revised in 1999 and 2000, with the former revision being declared void the same year by the [[Council of Grand Justices]]. A further revision of the constitution happened in 2005 which disbanded the National Assembly, reformed the Legislative Yuan, and provided for future constitutional change to be ratified by referendum.<br />
<br />
Passing an amendment to the ROC constitution now requires an unusually broad political consensus, which includes approval from three-fourths of the quorum of members of the Legislative Yuan. This quorum requires at least three-fourths of all members of the Legislature. After passing the Legislature, the amendments need ratification by at least fifty percent of ''all eligible'' voters of the ROC ''irrespective'' of voter turnout.<br />
<br />
It should also be noted that, because the ROC constitution is, at least nominally, the constitution of ''all China'', the amendments avoided any specific reference to the Taiwan area and instead used the geographically neutral term "[[Free Area of the Republic of China]]" to refer to all areas under ROC control. In addition, as the preamble of the amendments stated they are ''[t]o meet the requisites of the nation prior to national unification'', these amendments would automatically be voided in the case of [[Chinese reunification]]. As a result, all post-1991 amendments have been maintained as a separate part of the Constitution, consolidated into a single text of twelve articles.<br />
<br />
== Issues ==<br />
=== Challenge of legitimacy ===<br />
{{see also|Political status of Taiwan}}<br />
[[File:ROC Taiwan delegates.jpg|thumb|right|250px|Seventeen National Assembly delegates elected to represent [[Taiwan Province]] in a photo with then President [[Chiang Kai-shek]] in 1946]]<br />
A number of criticisms have been leveled at the constitution by supporters of [[Taiwan independence]].<br />
<br />
Until the 1990s when [[Democratic Progressive Party]] (DPP) joined [[Kuomintang]] (KMT) to amend the constitution, the document was considered illegitimate by pro-independence advocates because it was not drafted in Taiwan; moreover, they deemed Taiwan to be sovereign Japanese territory until ceded in the [[San Francisco Peace Treaty]] effective April 28, 1952. Pro-independence advocates have argued that the Constitution was never legally applied to Taiwan because Taiwan was not formally incorporated into the ROC's territory through the [[National Assembly (Republic of China)|National Assembly]] as per the specifications of Article 4. Though the constitution promulgated in 1946 did not define the territory of the Republic of China, while the draft of the constitution of 1925 individually listed the provinces of the Republic of China and Taiwan was not among them, since Taiwan was part of Japan as the result of the [[Treaty of Shimonoseki]] of 1895. The constitution also stipulated in the Article I.4, that "the territory of the ROC is the original territory governed by it, unless authorized by the National Assembly, can not be altered." In 1946, [[Sun Fo]], the minister of the Executive Yuan of ROC reported to the National Assembly that "there are two types of territory changes: 1. renouncing territory and 2. annexing new territory. The first example would be the Independence of [[Mongolia]], and the second example would be the reclamation of [[Taiwan]]. Both would be examples of territory changes.{{Citation needed|date=February 2013}} No such formal annexation of Taiwan islands by the ROC National Assembly conforming with the ROC constitution ever occurred since 1946, even though Article 9 of the [[s:Additional Articles of the Constitution of the Republic of China|Additional Articles of the Constitution of the Republic of China]] says, "The modifications of the functions, operations, and organization of the Taiwan Provincial Government may be specified by law." The Republic of China argues that sovereignty of the Republic of China over Taiwan was established by the [[Instrument of Surrender of Japan]] which implemented the [[Potsdam Declaration]] and the [[1943 Cairo Declaration|Cairo Declaration]]. The Allies have not agreed or disagreed to this rationale. In addition, the ROC argues that the Article 4 of [[Treaty of Taipei]] nullifies the [[Treaty of Shimonoseki]] and the original transfer of sovereignty of Taiwan from China to Japan. Since this transfer of sovereignty occurred in 1945 before the promulgation of the 1947 constitution, the ROC government is of the view that a resolution by the National Assembly was unnecessary.<br />
<br />
While both symbolic and legal arguments have been used to discredit the application the Constitution in Taiwan, the document gained more legitimacy among independence supporters throughout the late 1980s and early 1990s due to democratization and it is now accepted as the basic law of the ROC by all of the major parties, and consider the Constitution represents the sovereignty of Taiwan. However, there are proposals being floated, particularly by supporters of [[Taiwan independence]] and the supporters of [[Taiwan localization movement]], to replace the current Constitution with a document drafted by the Taiwanese constituencies in Taiwan.<br />
<br />
=== Referendums and constitutional reform ===<br />
{{see also|Referendums in Taiwan}}<br />
One recent controversy involving the constitution is the right to referendum which is mentioned in the Constitution. The constitution states that "The exercise of the rights of [[initiative]] and [[referendum]] shall be prescribed by law",<ref>{{cite wikisource |title=Constitution of the Republic of China |at=Chapter XII: ELECTION, RECALL, INITIATIVE AND REFERENDUM, Article 136}}</ref> but legislation prescribing the practices had been blocked by the [[pan-blue coalition]] largely out of suspicions that proponents of a referendum law would be used to overturn the ROC Constitution and provide a means to declare [[Taiwan independence]].{{Citation needed|date=November 2008}} A referendum law was passed on November 27, 2003<ref>{{Cite news | date = 2003-11-28 | title = Taiwan passes watered-down referendum bill | newspaper = [[People's Daily]] | url = http://english.peopledaily.com.cn/200311/28/eng20031128_129216.shtml | accessdate = 2008-11-12 | postscript = <!--None-->}}</ref> and signed by [[President of the Republic of China|President]] [[Chen Shui-bian]] on 31 December 2003,<ref name="bbc_ref_sign">{{Cite news | date = 2003-12-31 | title = Taiwan referendum law signed | newspaper = [[BBC News]] | url = http://news.bbc.co.uk/2/hi/asia-pacific/3358655.stm | accessdate = 2008-11-12 | postscript = <!--None-->}}</ref> but the law sets high standards for referendums such as the requirement that they can only be called by the President in times of imminent attack.<ref name="bbc_ref_sign"/><br />
<br />
In 2003, President Chen Shui-bian proposed holding a referendum in 2006 for implementing an entirely new constitution on May 20, 2008 to coincide with the inauguration of the 12th-term president of the ROC. Proponents of such a move, namely the [[Pan-Green Coalition]], argue that the current Constitution endorses a specific ideology (i.e., the [[Three Principles of the People]]), which is only appropriate for [[Communist state]]s; in addition, they argue that a more "efficient" government is needed to cope with changing realities.{{Citation needed|date=February 2011}} Some proponents support replacing the five-branch structure outlined by the Three Principles of the People with a three-branch government. Others cite the current deadlock between the executive and legislative branches and support replacing the [[presidential system]] with a [[parliamentary system]]. Furthermore, the current Constitution explicitly states before the amendments implemented on Taiwan, "To meet the requisites of the nation prior to national unification...", in direct opposition to the pan-green position that Taiwan must remain separated from the mainland. In response, the [[pan-blue coalition]] dropped its opposition to non-constitutional referendums and offered to consider through going constitutional reforms.{{Citation needed|date=February 2011}}<br />
<br />
The proposal to implement an entirely new constitution met with strong opposition from the People's Republic of [[China]] and great unease from the [[United States]], both of which feared the proposal to rewrite the constitution to be a veiled effort to achieve Taiwan independence, as it would sever a legal link to [[mainland China]], and to circumvent Chen's original [[Four Noes and One Without]] pledge.{{Citation needed|date=November 2008}} In December 2003, the United States announced its opposition to any referendum that would tend to move Taiwan toward formal "independence", a statement that was widely seen as being directed at Chen's constitutional proposals.{{Citation needed|date=November 2008}}<br />
<br />
In response, the [[Pan-Blue Coalition]] attempted to argue that a new constitution and constitutional referendums were unnecessary and that the inefficiencies in the ROC Constitution could be approved through the normal legislative process.{{Citation needed|date=February 2011}}<br />
<br />
In his May 20, 2004 inaugural address, Chen called for a "Constitutional Reform Committee" to be formed by "members of the ruling party and the opposition parties, as well as legal experts, academic scholars and representatives from all fields and spanning all social classes" to decide on the proper reforms. He promised that the new Constitution would not change the issue of sovereignty and territory. This proposal went nowhere due to lack of cooperation from the opposition Pan-Blue.{{Citation needed|date=February 2011}}<br />
<br />
Former President [[Ma Ying-jeou]] stated that constitutional reform was not a priority for his government.<ref>{{Cite news |last=Mo |first=Yan-chih | date = 2006-05-01 | title = Ma says constitutional reform not the answer | newspaper = Taipei Times |url = http://www.taipeitimes.com/News/taiwan/archives/2006/05/01/2003305541 | accessdate = 2013-03-20 }}</ref><br />
<br />
== See also ==<br />
{{Portal|Taiwan|China|Law}}<br />
* [[Provisional Constitution of the Republic of China]]<br />
* [[Additional Articles of the Constitution of the Republic of China]]<br />
* [[History of the Republic of China]]<br />
* [[Politics of the Republic of China]]<br />
* [[Kuomintang]]<br />
* [[Democratic Progressive Party]]<br />
* [[History of Taiwan]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
{{Reflist}}<br />
<br />
== External links ==<br />
{{Wikisource}}<br />
*{{cite web |url = http://english.president.gov.tw/Default.aspx?tabid=1107 |title=Main Text of the Constitution of the Republic of China (Taiwan) |publisher=Office of the President, Republic of China (Taiwan) |accessdate=2015-02-26}}<br />
* {{cite web |last=Hsueh |first=Hua-yuen |date=2001-12-24 |url=http://www.twcenter.org.tw/e02/20011224.htm |title=Constitution Day and Constitutional Government |script-title=zh:行憲紀念日與憲政 |language=Chinese, English |website=吳三連台灣史料基金會首頁 |deadurl=yes |archiveurl=https://web.archive.org/web/20110718134843/http://www.twcenter.org.tw/e02/20011224.htm |archivedate=2011-07-18 |df= }}<br />
<br />
{{Constitutions of Asia}}<br />
<br />
{{DEFAULTSORT:Constitution Of The Republic Of China}}<br />
[[Category:1947 in law]]<br />
[[Category:Chinese law]]<br />
[[Category:Constitution of China]]<br />
[[Category:Government of the Republic of China]]<br />
[[Category:Territorial disputes of the Republic of China]]<br />
[[Category:Constitutions of unrecognized or largely unrecognized states|China]]<br />
[[Category:Defunct constitutions]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Constitution_of_the_Republic_of_China&diff=886794869Constitution of the Republic of China2019-03-08T16:05:22Z<p>114.249.43.146: </p>
<hr />
<div>{{more citations needed|date = December 2010}}<br />
{{About||the articles currently implemented in [[Free area of the Republic of China|Taiwan area]]|Additional Articles of the Constitution of the Republic of China}}<br />
{{Infobox constitution<br />
| document_name = Constitution of the Republic of China<br />
| image = 1946 National Assembly Constitution.jpg<br />
| image_alt = 國史館 中華民國憲法正本 20180607.jpg<br />
| caption = Page one of the original copy of the Constitution<br />
| orig_lang_code = zh-tw<br />
| title_orig = {{noitalic|中華民國憲法}}<br />
| jurisdiction = Republic of China<br />
| date_created = <br />
| date_presented = <br />
| date_ratified = December 25, 1946<br />
| date_effective = December 25, 1947<br />
| date_repealed = October 1, 1949 (Chinese mainland)<br />
| system = [[Unitary state|Unitary]] [[Parliamentary republic|parliamentary]]<br>constitutional [[republic]]<br />
| branches = Five ([[Executive Yuan|Executive]], [[Legislative Yuan|Legislative]], [[Judicial Yuan|Judicial]], [[Examination Yuan|Examination]], [[Control Yuan|Control]])<br />
| head_of_state = [[President of the Republic of China|President]]<br />
| chambers = Tricameral ([[National Assembly (Republic of China)|National Assembly]], [[Legislative Yuan]], [[Control Yuan]])<ref>[https://www.judicial.gov.tw/constitutionalcourt/en/p03_01.asp?expno=76 J.Y. Interpretation No.76]</ref><br />
| executive = [[Premier of the Republic of China|Premier]] led [[Executive Yuan]]<br />
| courts = [[Judicial Yuan]]<br />
| federalism = Unitary<br />
| electoral_college = Yes ([[National Assembly (Republic of China)|National Assembly]])<br />
| number_entrenchments =<br />
| date_legislature = [[1947 Republic of China National Assembly election|March 29, 1948]] ([[National Assembly (Republic of China)|NA]])<br>[[1948 Chinese legislative election|May 8, 1948]] ([[Legislative Yuan|LY]])<br>June 5, 1948 ([[Control Yuan|CY]])<ref>[https://www.cy.gov.tw/ct.asp?xItem=3074&ctNode=1728 Historical Background of Control Yuan]</ref><br />
| date_first_executive = [[1948 Republic of China presidential election|May 20, 1948]] ([[President of the Republic of China|President]])<br>May 24, 1948 ([[Premier of the Republic of China|Premier]])<br />
| date_first_court = July 2, 1948<br />
| number_amendments = ''see [[Additional Articles of the Constitution of the Republic of China]]''<br />
| date_last_amended =<br />
| location_of_document = Academia Historica, [[Zhongzheng District|Zhongzheng]], [[Taipei]]<ref>[https://www.drnh.gov.tw/p/405-1003-7108,c151.php?Lang=en Valuable Archival Records — Academia Historica]</ref><br />
| commissioned = National Constituent Assembly ({{lang|zh-tw|[[:zh:制憲國民大會|制憲國民大會]]}})<br />
| writer = [[Carsun Chang]] and the members of the National Constituent Assembly<br />
| signers = 1,701 of the 2,050 delegates, in [[Nanjing|Nanking]]<br />
| media_type =<br />
| supersedes = [[Provisional Constitution of the Republic of China]]<br />
}}<br />
{{Chinese<br />
|title = Constitution of the<br />Republic of China<br />
|t = {{linktext|中華民國|憲法}}<br />
|s = {{linktext|中华民国|宪法}}<br />
|bpmf = ㄓㄨㄥ ㄏㄨㄚˊ ㄇㄧㄣˊ ㄍㄨㄛˊ ㄒㄧㄢˋ ㄈㄚˋ<br />
|w = Chung¹-hua² Min²-kuo² Hsien⁴-fa³<br />
|p = Zhōnghuá Mínguó Xiànfǎ<br />
|tp = Jhonghuá Mínguó Siànfǎ<br />
|mps = Jūnghuá Mínguó Shiànfǎ<br />
|gr = Jonghwa Min'gwo Shiannfaa<br />
|poj = Tiong-hôa Bîn-kok Hiàn-hoat<br />
|tl = Tiong-huâ Bîn-kok Hiàn-huat<br />
|h = Chûng-fà Mìn-koet Hien-fap<br />
}}<br />
<br />
{{Politics of Taiwan}}<br />
<br />
The '''Constitution of the Republic of China''' is the supreme law in the Republic of China. It was ratified by the [[Kuomintang]] led National Constituent Assembly session on December 25, 1946 in [[Nanjing|Nanking]] and adopted on December 25, 1947. Though the Constitution was intended for the whole [[Republic of China (1912-1949)|China]], it has never extensively nor effectively been implemented in any territory. In response to the outbreak of [[Chinese Civil War]] by the time of the constitution's promulgation, the newly elected [[National Assembly (Republic of China)|National Assembly]] soon ratified the [[Temporary Provisions against the Communist Rebellion]] on May 10, 1948. The Temporary Provisions symbols the country's entering into the [[state of emergency]] and granted the [[Kuomintang]] led [[government of the Republic of China]] extra-constitutional powers.<br />
<br />
{|class=wikitable style="text-align:center;"<br />
|+Implementation of the Constitution of the Republic of China<br />
!Date!!Other [[basic law]]!!Government location!!Timespan<br />
|-<br />
|December 25, 1947 – May 10, 1948||{{n/a}}||[[Nanjing|Nanking]]||{{Age in years and months|1947|12|25 |1948|5|10}}<br />
|-<br />
|May 10, 1948 – December 7, 1949||rowspan=2|[[Temporary Provisions against the Communist Rebellion|Temporary Provisions against<br>the Communist Rebellion]]||[[Nanjing|Nanking]], [[Guangzhou|Canton]], [[Chongqing|Chungking]], [[Chengdu|Chengtu]]||{{Age in years and months|1948|5|10 |1949|12|7}}<br />
|-<br />
|December 7, 1949 – April 30, 1991||rowspan=2|[[Taipei]]||{{Age in years and months|1949|12|7 |1991|4|30}}<br />
|-<br />
|May 1, 1991 – Present||[[Additional Articles of the Constitution of the Republic of China|'''Additional Articles<br>of the Constitution''']]||{{Age in years and months|1991|4|30}}<br />
|}<br />
<br />
Following the [[Republic of China retreat to Taiwan|ROC government's retreat to Taiwan]] on December 7, 1949, the [[Temporary Provisions against the Communist Rebellion|Temporary Provisions]] together with the [[Martial law in Taiwan]] made the country an [[Authoritarianism|authoritarian]] [[one-party state]] despite the constitution. [[Democratization]] began in the 1980s. [[Martial law in Taiwan|Martial law]] was lifted in 1987, and in 1991 the Temporary Provisions were repealed. The [[Additional Articles of the Constitution of the Republic of China|Additional Articles of the Constitution]] was passed to reflect the government's [[Free area of the Republic of China|actual jurisdiction]] and realization of [[cross-Strait relations]]. The Additional Articles also significantly changed the structure of the [[government]] to [[semi-presidential system]] with [[Unicameralism|unicameral parliament]]. These finally formed the basis of a [[Multi-party system|multi-party]] [[democracy]] on [[Taiwan]].<br />
<br />
During the 1990s and early 2000s (decade), the Constitution's origins in Chinese mainland led to supporters of [[Taiwan independence]] to push for a new Taiwanese constitution.<ref>{{cite news |last=Chang |first=Yun-ping |url = http://www.taipeitimes.com/News/front/archives/2004/07/02/2003177341 | title = Lee launches constitution campaign |newspaper= Taipei Times | date = 2004-07-02}}</ref><ref>{{cite news |last=Ko |first=Shu-ling |url = http://www.taipeitimes.com/News/taiwan/archives/2007/03/19/2003352928 | title = Group pushes new constitution | publisher = Taipei Times | date = 2007-03-19}}</ref><ref>{{cite news |last=Wu |first=Ming-chi | url = http://www.taipeitimes.com/News/editorials/archives/2003/10/28/2003073703 | title = US, EU apt constitutional models | publisher = Taipei Times | date = 2003-10-28}}</ref> However, attempts by the [[Democratic Progressive Party]] administration to create a new Constitution during the second term of DPP [[President of the Republic of China|President]] [[Chen Shui-bian]] failed, because the then opposition [[Kuomintang]] controlled the [[Legislative Yuan]].<ref>{{cite web |last=Wu |first=Sofia |url = http://www.globalsecurity.org/wmd/library/news/taiwan/2004/taiwan-040422-cna03.htm | title = New Constitution plan not independence timetable: Presidential Office | publisher = Global Security | date = 2004-04-22 |agency=CNA}}</ref><ref>{{cite news |last=Chang |first=Yun-ping | url = http://www.taipeitimes.com/News/taiwan/archives/2003/11/21/2003076662 | title = DPP, KMT agree to debate between Chen and Lien | publisher = Taipei Times | date = 2003-11-21}}</ref> It was only agreed to reform the Constitution of the Republic of China, not to create a new one. It was lastly amended in 2005, with the consent of both the KMT and the DPP. The most recent revision to the constitution took place in 2004.<ref>{{cite web |title=Introduction(3) |url = http://english.president.gov.tw/Default.aspx?tabid=1033#09 |at=Seventh revision |publisher=Office of the President, Republic of China (Taiwan) |accessdate=2015-02-26}}</ref><br />
<br />
== History ==<br />
=== Early attempts of Chinese constitution ===<br />
{{Unreferenced section|date=February 2011}}<br />
The [[Provisional Constitution of the Republic of China]] was drawn up in March 1912 and formed the basic government document of the Republic of China until 1928. It provided a Western-style [[parliamentary system]] headed by a weak president. However, the system was quickly usurped when [[Song Jiaoren]], who as leader of the KMT was to become prime minister following the party's victory in the [[Republic of China legislative election, 1913|1913 elections]], was assassinated by the orders of President [[Yuan Shikai]].<ref>{{cite journal |title=Song Jiaoren's Assassination & Second Revolution|last=Xiang |first=Ah |url = http://www.republicanchina.org/Second_Revolution.pdf |publisher=Republican China|accessdate=2016-11-27}}</ref> Yuan regularly flouted the elected assembly and assumed dictatorial powers. Upon his death in 1916, China disintegrated into [[warlordism]] and the [[Beiyang Government]] operating under the Constitution remained in the hands of various military leaders.<br />
<br />
The Kuomintang under [[Chiang Kai-shek]] established control over much of China by 1928. The Nationalist Government promulgated the [[Provisional Constitution of the Political Tutelage Period]] on May 5, 1931. Under this document, the government operated under a [[one-party system]] with supreme power held by the [[National Congress of the Kuomintang]] and effective power held by the [[Central Executive Committee of the Kuomintang]]. In [[Leninist]] fashion, it permitted a system of dual party-state committees to form the basis of government. The KMT intended this Constitution to remain in effect until the country had been pacified and the people sufficiently "educated" to participate in democratic government.<br />
<br />
{|<br />
|[[File:RedactoresDeLaConstituciónChina1913TemploDelCielo.jpg|thumb|right|250px|The original Constitutional Drafting Committee of the newly founded [[Republic of China (1912-1949)|Republic of China]], photographed on the steps of the [[Temple of Heaven]] in [[Beijing|Peking]], where the draft was completed in 1913.]]<br />
|[[File:憲法草案正文起草者.jpg|thumb|right|250px|Drafting Committee members of the 1913 constitution draft]]<br />
|}<br />
<br />
=== Drafting process ===<br />
The constitution was first drafted by the [[Kuomintang]] (KMT) as part of its third stage of national development (i.e., [[representative democracy]]), it established a centralized republic with five [[Separation of powers|branches of government]]. The constitution traces its origins to the end of the [[Second Sino-Japanese War]]. The impending outbreak of the [[Chinese Civil War]] pressured [[Chiang Kai-shek]] into enacting a democratic Constitution that would end KMT one-party rule. The Communists sought a coalition of one-third Nationalists, one-third Communists, and one-third other parties, to form a government that would draft the new Constitution. However, while rejecting this idea, the KMT and the CCP jointly held a convention at which both parties presented views. Amidst heated debate, many of the demands from the Communist Party were met, including the popular election of the Legislative Yuan. Together, these drafts are called the Constitutional Draft of the Political Convention ({{lang|zh-tw|政協憲草}}). <br />
<br />
The Constitution, with minor revisions from the latest draft, was adopted by the National Constituent Assembly session on December 25, 1946 in [[Nanjing|Nanking]], promulgated by the National Government on January 1, 1947, and the fifth and current Chinese constitution was officially went into effect on December 25, 1947. The Constitution was seen as the third and final stage of Kuomintang reconstruction of China. The Communists, though they attended the convention, and participated in drafting the constitution, boycotted the National Assembly and declared after the ratification that not only would they not recognize the ROC constitution, but all bills passed by the Nationalist administration would be disregarded as well. However, due to their showing in the election (approx. 800 out of 3045 seats,) their boycott did not prevent the Assembly from reaching quorum and thus electing [[Chiang Kai-shek]] and [[Lee Tsung-jen]] as President and Vice President respectively. [[Zhou Enlai]] challenged the legitimacy of the National Assembly in 1947 by asserting that the KMT hand-picked its members 10 years earlier, and thus the Assembly could not be the legal representatives of the Chinese people.<br />
<br />
{|<br />
|[[File:Chungking 1946 Jan.jpg|thumb|right|250px|Political Consultative Conference in [[Chongqing|Chungking]], latest draft of the constitution was discussed by different political parties including [[Kuomintang]] and [[Communist Party of China]].]]<br />
|[[File:Delivering ceremony of the Constitution of ROC.jpg|thumb|right|250px|[[Wu Zhihui]], chairman of the National Constituent Assembly, handed the ratified constitution to [[Chiang Kai-shek]], chairman of the [[Nationalist Government]].]]<br />
|}<br />
<br />
== Content ==<br />
=== Three Principles of the People ===<br />
The constitution is centered on the [[Three Principles of the People]] ({{zh|c=三民主義|p=Sān Mín Zhǔyì}}) are Minzu ({{lang|zh-tw|民族}}), Minquan ({{lang|zh-tw|民權}}), and Minsheng ({{lang|zh-tw|民生}}), roughly defined as nationalism, democracy, and the livelihood of the people<ref>{{cite book |title=Marxism in the Chinese revolution|last=Dirlik |first=Arif |year=2005 |publisher=Rowman & Littlefield |place=Lanham, MD |page=26|isbn=9780742530690}}</ref>, which called for the establishment of a government of the people, by the people, and for the people. A government of the people invoked the idea of [[civic nationalism]] of [[China]]. A government by the people sought to create a Western [[parliamentary democracy]] and a [[separation of powers]]. A government for the people means that the government to a certain extent must provide services that are essential to the well-being of society.<br />
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=== Civil and political rights of people ===<br />
The basic civil rights and duties of the people are specified in Chapter 2 of the Constitution. Chapter 12 specifies four political rights of the people: election of public officials, recall of public officials, legislative initiative, and referendum.<br />
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=== Leadership and authoritative legislative body ===<br />
The Constitution introduced a powerful authoritative legislative body — [[National Assembly (Republic of China)|National Assembly]] ({{zh|c=國民大會|p=Guómín Dàhuì}}), similar to the [[Supreme Soviet of the Soviet Union]] or the [[United States Electoral College]]. The National Assembly has right to amend the Constitution and elect the [[President of the Republic of China]]. It exercises political rights on behalf of the people and supervises the functions of the [[government of the Republic of China]]. Originally, the [[National Assembly (Republic of China)|National Assembly]] was the "parliament" of the republic, but it lost relevance in the 1990s and was abolished in 2005 with its functionalities as a parliament transferred to the [[Legislative Yuan]].<br />
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The [[President of the Republic of China]] ({{zh|c=總統|p=Zǒngtǒng}}) is the [[head of state]] and the Commander-in-Chief of the [[Republic of China Armed Forces]]. The president shall be elected by the [[National Assembly (Republic of China)|National Assembly]] with a six-year term. While the original intent was to have a parliamentary system (as evidenced in the existence of both a president and premier), due to the [[Temporary Provisions Effective During the Period of Communist Rebellion|Temporary Provisions]], Generalissimo Chiang Kai-shek was allowed by the [[National Assembly (Republic of China)|National Assembly]] to reduce the function of the premier and to concentrate more power in the presidency. As a result, the current government is in practice a [[semi-presidential system]]. <br />
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=== Separation of five powers ===<br />
[[Sun Yat-sen]]'s political theory calls for a constitution with [[Separation of powers|five powers of the government]] ({{zh|c=五權憲法|p=Wǔ Quán Xiànfǎ}}), which mixes the legacy of China's imperial past to the three branches of Western governments. In the constitution, the five branches or Yuan ({{lang|zh-tw|院}}) are: the [[Executive Yuan]] ({{lang|zh-tw|行政院}}), [[Legislative Yuan]] ({{lang|zh-tw|立法院}}), [[Judicial Yuan]] ({{lang|zh-tw|司法院}}), [[Examination Yuan]] ({{lang|zh-tw|考試院}}), and [[Control Yuan]] ({{lang|zh-tw|監察院}}).<br />
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=== Racial groups in frontier regions ===<br />
{{seealso|Five Races Under One Union|Zhonghua minzu}}<br />
The ideology of the [[Kuomintang|Chinese Nationalist Party]] during the [[Xinhai Revolution]] was to create unity between the five traditional [[List of ethnic groups in China|ethnic groups in China]] ([[Han Chinese|Han]], [[Manchu]]s, [[Mongols]], [[Hui people|Hui]] (Muslims), and [[Tibetan people|Tibetans]]) in order to stand up to European and Japanese imperialism as one, strong nation. The constitution has articles to protect the equality of different races and the political rights of racial groups in frontier regions. However, since some [[Provinces of China|provinces]] similar to [[China proper]] have been created on [[Manchuria]] and [[Xinjiang Province, Republic of China|Xinjiang]]. Only the protection of local autonomy in [[Inner Mongolia|Inner]] and [[Outer Mongolia]], and [[Tibet Area (administrative division)|Tibet]] were regulated explicitly.<br />
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== Implementation ==<br />
=== Suspension of the constitution and martial law ===<br />
{{main|Temporary Provisions against the Communist Rebellion}}<br />
Implementation of this constitution made China, then with a population of 450 million, the most populous "paper [[democracy]]". Though the Constitution was intended for the whole [[Republic of China (1912-1949)|China]], it was neither extensively nor effectively implemented as the KMT was already fully embroiled in a [[Chinese Civil War|civil war]] with the [[Communist Party of China]] by the time of its promulgation. <br />
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On January 10, 1947, Governor [[Chen Yi (Kuomintang)|Chen Yi]] announced that the new ROC Constitution would not apply to Taiwan after it went into effect in mainland China on December 25, 1947 as Taiwan was still under [[military occupation]] and also that Taiwanese were politically naive and were not capable of self-governing.<ref>Kerr, George H. (1965) Formosa Betrayed, Boston Houghton Mifflin: p240</ref> Later that year, Chen Yi was dismissed and the [[Taiwan Provincial Government]] was established. <br />
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On April 18, 1948, the National Assembly added to the Constitution the "[[Temporary Provisions against the Communist Rebellion]]". The Temporary Provisions came into force on May 10, 1948, ten days before the inauguration of the first [[President of the Republic of China]]. These articles greatly enhanced the power of the [[President of the Republic of China|president]] and abolished the two term limit for the president and the vice president. Since December 7, 1949, the [[Taiwan|ROC]] only controls the "[[free area of the Republic of China]]", which is essentially [[Geography of Taiwan|Taiwan]], [[Penghu]], [[Kinmen]], [[Matsu Islands|Matsu]], [[Pratas Islands|Pratas]] and [[Taiping Island]], the only territories not lost to the [[Communist Party of China|Chinese Communists]] in the [[Chinese Civil War]].<br />
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From March 1947 until 1987, Taiwan was in a state of [[martial law]]. Although the constitution provided for regular democratic elections, these were not held in Taiwan until the 1990s. In 1954, the [[Judicial Yuan]] ruled that the delegates elected to the National Assembly and Legislative Yuan in 1947 would remain in office until new elections could be held in [[Mainland China]] which had come under the control of the [[Communist Party of China]] in 1949. This judicial ruling allowed the [[Kuomintang]] to rule unchallenged in Taiwan until the 1990s. In the 1970s, supplemental elections began to be held for the [[Legislative Yuan]]. Although these were for a limited number of seats, they did allow for the transition to a more open political system. In 1991, these members were ordered to resign by a subsequent Judicial Yuan ruling.<br />
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=== Democratization ===<br />
{{main|Additional Articles of the Constitution of the Republic of China}}<br />
In the late 1980s, the Constitution faced the growing democratization on Taiwan combined with the mortality of the delegates that were elected in 1947. Faced with these pressures, on April 22, 1991, the first National Assembly voted itself out of office, abolished the Temporary Provisions passed in 1948, and adopted major amendments (known as the "First Revision") permitting free elections.<br />
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On May 27, 1992 several other amendments were passed (known as the "Second Revision"), most notably that allowing the direct election of the [[President of the Republic of China]], Governor of [[Taiwan Province]], and municipal mayors. Ten new amendments to replace the eighteen amendments of the First and Second Revisions were passed on July 28, 1994. The amendments passed on July 18, 1997 streamlined the Taiwan Provincial Government and granted the Legislative Yuan powers of impeachment. The constitution was subsequently revised in 1999 and 2000, with the former revision being declared void the same year by the [[Council of Grand Justices]]. A further revision of the constitution happened in 2005 which disbanded the National Assembly, reformed the Legislative Yuan, and provided for future constitutional change to be ratified by referendum.<br />
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Passing an amendment to the ROC constitution now requires an unusually broad political consensus, which includes approval from three-fourths of the quorum of members of the Legislative Yuan. This quorum requires at least three-fourths of all members of the Legislature. After passing the Legislature, the amendments need ratification by at least fifty percent of ''all eligible'' voters of the ROC ''irrespective'' of voter turnout.<br />
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It should also be noted that, because the ROC constitution is, at least nominally, the constitution of ''all China'', the amendments avoided any specific reference to the Taiwan area and instead used the geographically neutral term "[[Free Area of the Republic of China]]" to refer to all areas under ROC control. In addition, as the preamble of the amendments stated they are ''[t]o meet the requisites of the nation prior to national unification'', these amendments would automatically be voided in the case of [[Chinese reunification]]. As a result, all post-1991 amendments have been maintained as a separate part of the Constitution, consolidated into a single text of twelve articles.<br />
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== Issues ==<br />
=== Challenge of legitimacy ===<br />
{{see also|Political status of Taiwan}}<br />
[[File:ROC Taiwan delegates.jpg|thumb|right|250px|Seventeen National Assembly delegates elected to represent [[Taiwan Province]] in a photo with then President [[Chiang Kai-shek]] in 1946]]<br />
A number of criticisms have been leveled at the constitution by supporters of [[Taiwan independence]].<br />
<br />
Until the 1990s when [[Democratic Progressive Party]] (DPP) joined [[Kuomintang]] (KMT) to amend the constitution, the document was considered illegitimate by pro-independence advocates because it was not drafted in Taiwan; moreover, they deemed Taiwan to be sovereign Japanese territory until ceded in the [[San Francisco Peace Treaty]] effective April 28, 1952. Pro-independence advocates have argued that the Constitution was never legally applied to Taiwan because Taiwan was not formally incorporated into the ROC's territory through the [[National Assembly (Republic of China)|National Assembly]] as per the specifications of Article 4. Though the constitution promulgated in 1946 did not define the territory of the Republic of China, while the draft of the constitution of 1925 individually listed the provinces of the Republic of China and Taiwan was not among them, since Taiwan was part of Japan as the result of the [[Treaty of Shimonoseki]] of 1895. The constitution also stipulated in the Article I.4, that "the territory of the ROC is the original territory governed by it, unless authorized by the National Assembly, can not be altered." In 1946, [[Sun Fo]], the minister of the Executive Yuan of ROC reported to the National Assembly that "there are two types of territory changes: 1. renouncing territory and 2. annexing new territory. The first example would be the Independence of [[Mongolia]], and the second example would be the reclamation of [[Taiwan]]. Both would be examples of territory changes.{{Citation needed|date=February 2013}} No such formal annexation of Taiwan islands by the ROC National Assembly conforming with the ROC constitution ever occurred since 1946, even though Article 9 of the [[s:Additional Articles of the Constitution of the Republic of China|Additional Articles of the Constitution of the Republic of China]] says, "The modifications of the functions, operations, and organization of the Taiwan Provincial Government may be specified by law." The Republic of China argues that sovereignty of the Republic of China over Taiwan was established by the [[Instrument of Surrender of Japan]] which implemented the [[Potsdam Declaration]] and the [[1943 Cairo Declaration|Cairo Declaration]]. The Allies have not agreed or disagreed to this rationale. In addition, the ROC argues that the Article 4 of [[Treaty of Taipei]] nullifies the [[Treaty of Shimonoseki]] and the original transfer of sovereignty of Taiwan from China to Japan. Since this transfer of sovereignty occurred in 1945 before the promulgation of the 1947 constitution, the ROC government is of the view that a resolution by the National Assembly was unnecessary.<br />
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While both symbolic and legal arguments have been used to discredit the application the Constitution in Taiwan, the document gained more legitimacy among independence supporters throughout the late 1980s and early 1990s due to democratization and it is now accepted as the basic law of the ROC by all of the major parties, and consider the Constitution represents the sovereignty of Taiwan. However, there are proposals being floated, particularly by supporters of [[Taiwan independence]] and the supporters of [[Taiwan localization movement]], to replace the current Constitution with a document drafted by the Taiwanese constituencies in Taiwan.<br />
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=== Referendums and constitutional reform ===<br />
{{see also|Referendums in Taiwan}}<br />
One recent controversy involving the constitution is the right to referendum which is mentioned in the Constitution. The constitution states that "The exercise of the rights of [[initiative]] and [[referendum]] shall be prescribed by law",<ref>{{cite wikisource |title=Constitution of the Republic of China |at=Chapter XII: ELECTION, RECALL, INITIATIVE AND REFERENDUM, Article 136}}</ref> but legislation prescribing the practices had been blocked by the [[pan-blue coalition]] largely out of suspicions that proponents of a referendum law would be used to overturn the ROC Constitution and provide a means to declare [[Taiwan independence]].{{Citation needed|date=November 2008}} A referendum law was passed on November 27, 2003<ref>{{Cite news | date = 2003-11-28 | title = Taiwan passes watered-down referendum bill | newspaper = [[People's Daily]] | url = http://english.peopledaily.com.cn/200311/28/eng20031128_129216.shtml | accessdate = 2008-11-12 | postscript = <!--None-->}}</ref> and signed by [[President of the Republic of China|President]] [[Chen Shui-bian]] on 31 December 2003,<ref name="bbc_ref_sign">{{Cite news | date = 2003-12-31 | title = Taiwan referendum law signed | newspaper = [[BBC News]] | url = http://news.bbc.co.uk/2/hi/asia-pacific/3358655.stm | accessdate = 2008-11-12 | postscript = <!--None-->}}</ref> but the law sets high standards for referendums such as the requirement that they can only be called by the President in times of imminent attack.<ref name="bbc_ref_sign"/><br />
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In 2003, President Chen Shui-bian proposed holding a referendum in 2006 for implementing an entirely new constitution on May 20, 2008 to coincide with the inauguration of the 12th-term president of the ROC. Proponents of such a move, namely the [[Pan-Green Coalition]], argue that the current Constitution endorses a specific ideology (i.e., the [[Three Principles of the People]]), which is only appropriate for [[Communist state]]s; in addition, they argue that a more "efficient" government is needed to cope with changing realities.{{Citation needed|date=February 2011}} Some proponents support replacing the five-branch structure outlined by the Three Principles of the People with a three-branch government. Others cite the current deadlock between the executive and legislative branches and support replacing the [[presidential system]] with a [[parliamentary system]]. Furthermore, the current Constitution explicitly states before the amendments implemented on Taiwan, "To meet the requisites of the nation prior to national unification...", in direct opposition to the pan-green position that Taiwan must remain separated from the mainland. In response, the [[pan-blue coalition]] dropped its opposition to non-constitutional referendums and offered to consider through going constitutional reforms.{{Citation needed|date=February 2011}}<br />
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The proposal to implement an entirely new constitution met with strong opposition from the People's Republic of [[China]] and great unease from the [[United States]], both of which feared the proposal to rewrite the constitution to be a veiled effort to achieve Taiwan independence, as it would sever a legal link to [[mainland China]], and to circumvent Chen's original [[Four Noes and One Without]] pledge.{{Citation needed|date=November 2008}} In December 2003, the United States announced its opposition to any referendum that would tend to move Taiwan toward formal "independence", a statement that was widely seen as being directed at Chen's constitutional proposals.{{Citation needed|date=November 2008}}<br />
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In response, the [[Pan-Blue Coalition]] attempted to argue that a new constitution and constitutional referendums were unnecessary and that the inefficiencies in the ROC Constitution could be approved through the normal legislative process.{{Citation needed|date=February 2011}}<br />
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In his May 20, 2004 inaugural address, Chen called for a "Constitutional Reform Committee" to be formed by "members of the ruling party and the opposition parties, as well as legal experts, academic scholars and representatives from all fields and spanning all social classes" to decide on the proper reforms. He promised that the new Constitution would not change the issue of sovereignty and territory. This proposal went nowhere due to lack of cooperation from the opposition Pan-Blue.{{Citation needed|date=February 2011}}<br />
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Former President [[Ma Ying-jeou]] stated that constitutional reform was not a priority for his government.<ref>{{Cite news |last=Mo |first=Yan-chih | date = 2006-05-01 | title = Ma says constitutional reform not the answer | newspaper = Taipei Times |url = http://www.taipeitimes.com/News/taiwan/archives/2006/05/01/2003305541 | accessdate = 2013-03-20 }}</ref><br />
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== See also ==<br />
{{Portal|Taiwan|China|Law}}<br />
* [[Provisional Constitution of the Republic of China]]<br />
* [[Additional Articles of the Constitution of the Republic of China]]<br />
* [[History of the Republic of China]]<br />
* [[Politics of the Republic of China]]<br />
* [[Kuomintang]]<br />
* [[Democratic Progressive Party]]<br />
* [[History of Taiwan]]<br />
* [[Referendums in Taiwan]]<br />
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== References ==<br />
{{Reflist}}<br />
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== External links ==<br />
{{Wikisource}}<br />
*{{cite web |url = http://english.president.gov.tw/Default.aspx?tabid=1107 |title=Main Text of the Constitution of the Republic of China (Taiwan) |publisher=Office of the President, Republic of China (Taiwan) |accessdate=2015-02-26}}<br />
* {{cite web |last=Hsueh |first=Hua-yuen |date=2001-12-24 |url=http://www.twcenter.org.tw/e02/20011224.htm |title=Constitution Day and Constitutional Government |script-title=zh:行憲紀念日與憲政 |language=Chinese, English |website=吳三連台灣史料基金會首頁 |deadurl=yes |archiveurl=https://web.archive.org/web/20110718134843/http://www.twcenter.org.tw/e02/20011224.htm |archivedate=2011-07-18 |df= }}<br />
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{{Constitutions of Asia}}<br />
<br />
{{DEFAULTSORT:Constitution Of The Republic Of China}}<br />
[[Category:1947 in law]]<br />
[[Category:Chinese law]]<br />
[[Category:Constitution of China]]<br />
[[Category:Government of the Republic of China]]<br />
[[Category:Territorial disputes of the Republic of China]]<br />
[[Category:Constitutions of unrecognized or largely unrecognized states|China]]<br />
[[Category:Defunct constitutions]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886793469Law of Taiwan2019-03-08T15:55:21Z<p>114.249.43.146: </p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
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==Historic background==<br />
===[[Taiwan under Japanese rule]]===<br />
After Taiwan ceded to [[Empire of Japan|Japan]] in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
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During Japanese rule, the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
===Codification of ROC Law===<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
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In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
===The Transition of the Legal Systems, 1945–1949<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref>===<br />
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The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
===Martial Law State, 1949–1987===<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
===Democratization of Law, from 1987===<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
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== Government<ref>See R.O.C. Constitution</ref> ==<br />
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=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
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=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
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=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
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The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
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=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886793263Law of Taiwan2019-03-08T15:54:05Z<p>114.249.43.146: </p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
==Historic background==<br />
===[[Taiwan under Japanese rule]]===<br />
After Taiwan ceded to [[Empire of Japan|Japan]] in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
During Japanese rule, the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
===Codification of the ROC Law===<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
===The Transition of the Legal Systems, 1945–1949<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref>===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
===Martial Law State, 1949–1987===<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
===Democratization of Law, from 1987===<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886792937Law of Taiwan2019-03-08T15:51:43Z<p>114.249.43.146: /* Democratization of Law, from 1987 */</p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
== Historic background ==<br />
<br />
=== Japanese rule ===<br />
After Taiwan ceded to [[Empire of Japan|Japan]] in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
[[Taiwan under Japanese rule|Under Japanese rule]], the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
<br />
=== Codification of ROC Law ===<br />
<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
<br />
=== The Transition of the Legal Systems, 1945–1949<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref> ===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
<br />
=== Martial Law State, 1949–1987 ===<br />
<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
<br />
===Democratization of Law, from 1987===<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886792862Law of Taiwan2019-03-08T15:51:14Z<p>114.249.43.146: </p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
== Historic background ==<br />
<br />
=== Japanese rule ===<br />
After Taiwan ceded to [[Empire of Japan|Japan]] in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
[[Taiwan under Japanese rule|Under Japanese rule]], the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
<br />
=== Codification of ROC Law ===<br />
<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
<br />
=== The Transition of the Legal Systems, 1945–1949<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref> ===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
<br />
=== Martial Law State, 1949–1987 ===<br />
<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
<br />
=== Democratization of Law, 1987–present ===<br />
<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886792829Law of Taiwan2019-03-08T15:51:00Z<p>114.249.43.146: </p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
== Historic background ==<br />
<br />
=== Japanese rule ===<br />
After Taiwan ceded to [[Empire of Japan|Japan]] in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
[[Taiwan under Japanese rule|Under Japanese rule]], the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
<br />
=== Codification of ROC Law ===<br />
<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
<br />
=== The Transition of the Legal Systems, 1945–1949<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref> ===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
<br />
=== Martial Law State, 1949–87 ===<br />
<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
<br />
=== Democratization of Law, 1987–present ===<br />
<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886792752Law of Taiwan2019-03-08T15:50:28Z<p>114.249.43.146: /* Japanese rule */</p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
== Historic background ==<br />
<br />
=== Japanese rule ===<br />
After Taiwan ceded to [[Empire of Japan|Japan]] in 1895, the ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
[[Taiwan under Japanese rule|Under Japanese rule]], the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
<br />
=== Codification of ROC Law ===<br />
<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
<br />
=== The Transition of the Legal Systems, 1945–49<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref> ===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
<br />
=== Martial Law State, 1949–87 ===<br />
<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
<br />
=== Democratization of Law, 1987–present ===<br />
<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886792695Law of Taiwan2019-03-08T15:49:57Z<p>114.249.43.146: /* Japanese rule */</p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
== Historic background ==<br />
<br />
=== Japanese rule ===<br />
After Taiwan (at that time, the official name was Formosa) was ceded to [[Empire of Japan|Japan]] in 1895, The ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
[[Taiwan under Japanese rule|Under Japanese rule]], the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Taiwanese history.<br />
<br />
=== Codification of ROC Law ===<br />
<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
<br />
=== The Transition of the Legal Systems, 1945–49<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref> ===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
<br />
=== Martial Law State, 1949–87 ===<br />
<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
<br />
=== Democratization of Law, 1987–present ===<br />
<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
<br />
==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
<br />
==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
<br />
=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
<br />
=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Law_of_Taiwan&diff=886792551Law of Taiwan2019-03-08T15:48:50Z<p>114.249.43.146: </p>
<hr />
<div>The Law of the Republic of China, is based on [[civil law (legal system)|civil law]] with its origins in the modern [[Japanese law|Japanese]] and [[German law|German]] legal systems. The main body of laws are codified into the [[Six Codes]]:<br />
<br />
{|class=wikitable<br />
!No.!!Name!!Chinese!![[Taiwanese Hokkien|Taiwanese]]!![[Taiwanese Hakka|Hakka]]<br />
|-<br />
|1||[[Constitution of the Republic of China|Constitution]]||{{large|{{lang|zh-tw|憲法}}}}||Hiàn-hoat||Hién-fap<br />
|-<br />
|2||Civil Code||{{large|{{lang|zh-tw|民法}}}}||Bîn-hoat||Mìn-fap<br />
|-<br />
|3||Code of Civil Procedure||{{large|{{lang|zh-tw|民事訴訟法}}}}||Bîn-sū Sò͘-siōng-hoat||Mìn-sṳ Su-siung-fap<br />
|-<br />
|4||Criminal Code||{{large|{{lang|zh-tw|刑法}}}}||Hêng-hoat||Hìn-fap<br />
|-<br />
|5||Code of Criminal Procedure||{{large|{{lang|zh-tw|刑事訴訟法}}}}||Hêng-sū Sò͘-siōng-hoat||Hìn-sṳ Su-siung-fap<br />
|-<br />
|6||Administrative laws||{{large|{{lang|zh-tw|行政法規}}}}||Hêng-chèng Hoat-kui||Hàng-chṳn Fap-kûi<br />
|}<br />
<br />
Laws are promulgated by the [[President of the Republic of China|President]] after being passed by the [[Legislative Yuan]]; the enforcement rules of laws issued by the competent authority under the [[Executive Yuan]] designated by the legislation.<br />
<br />
== Historic background ==<br />
<br />
=== Japanese rule ===<br />
After Taiwan (at that time, the official name was Formosa) was ceded to [[Empire of Japan|Japan]] in 1895, The ''Civil Code of Japan'' was created in 1896. It was heavily influenced by the ''first draft'' of the [[German Civil Code]] and the [[French Civil Code]].<ref>Encyclopædia Britannica Online http://www.britannica.com/EBchecked/topic/301097/Japanese-Civil-Code</ref> The code is divided into five books. Those on family and succession retain certain vestiges of the old patriarchal family system that was the basis of Japanese feudalism. It was in these sections that most of the postwar revisions were made. At that time it was considered no longer necessary or desirable to pay such homage to the past, and the sections dealing with family law and succession were brought closer to European civil law. This law was applied to Taiwan.<br />
<br />
In [[Taiwan under Japanese rule|Japanese era]], the court in the modern sense, which means the judicial power is independent from the administrative power, was created for the first time in Formosa's history.<br />
<br />
=== Codification of ROC Law ===<br />
<br />
After the [[Kuomintang]] consolidated its rule over [[Republic of China (1912–1949)|China]] in [[Northern Expedition]], the [[Nationalist government]] succeeded in codifying all the major civil, criminal, and commercial laws of China: the Criminal Code (1928), the Code of Criminal Procedure (1928), the Civil Code (1929), the Code of Civil Procedure (1929), the Insurance Law (1929), the Company Law (1929), the Maritime Law (1929), the Negotiable Instruments Law (1929), Bankruptcy Law (1935), and the Trademark Law (1936).<ref>Hungdah Chiu and Jyh-Pin Fa, "Taiwan's Legal System and Legal Profession" in ''Taiwan Trade and Investment Law'' ed. Mitchell A. Silk (Hong Kong: Oxford University Press, 1994) at 3. https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1123&context=mscas</ref>The laws enacted by the KMT were largely based on drafts formed during the late Qing dynasty. At the end of Qing Dynasty, the government has recruited some Japanese law experts to draft the law for China. Tokyo High Court judge Yoshimasa Matsuoka (松岡義正)(1870-1939) has drafted the first 3 Chapters (General Provision, Law of Obligation Law of Real Property) of the Civil Code, as well as the Code for Civil Procedure, for the Qing Empire. Professor Koutarou Shida (志田 鉀太郎)(1868-1951) drafted the Commercial Law. However, before these draft bills being enacted, the Qing Empire was overthrown, with China descending into warlordism for the ensuring decade.<br />
<br />
In the area of [[constitutional law]], the Taiwan uses the [[Additional Articles of the Constitution of the Republic of China|2005 Additional Articles]] which amend the original [[Constitution of the Republic of China|1947 Constitution]]. Significant changes have been made to take into account the fact that the [[Government of the Republic of China]] only controls Taiwan and surrounding islands since the 1950s.<br />
<br />
=== The Transition of the Legal Systems, 1945–49<ref>PD-ROC-exempt Certain works in this section the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.</ref> ===<br />
<br />
The ROC legal system took effect in Taiwan on 25 October 1945, after most Japanese laws were repealed on 25 October 1946.<br />
<br />
=== Martial Law State, 1949–87 ===<br />
<br />
The KMT-headed ROC central government moved to Taiwan in December 1949 followed by a large number of Mainlanders who eventually accounted for about 13 percent of Taiwan's entire population. From then on, Taiwan and mainland China have had its own distinct legal systems. The “Statute for Agriculture, Mining, Industry and Commerce During the Extraordinary Period” (1938) and the "Temporary Provisions Effective During the Period of General National Mobilization for the Suppression of Communist Rebellion" (1942) gave authorities the power to control resources, as well as establish political control over freedom of news, speech, press, communication, assembly and association during wartime.<br />
<br />
=== Democratization of Law, 1987–present ===<br />
<br />
The KMT finally terminated Martial Law in 1987 and the Period of National Mobilization officially came to an end on 1 May 1991. With various constraints of the constitution lifted, legal reforms proceeded rapidly, along with the continued incorporation of western legal concepts being integrated into ROC Law.<ref>See generally WANG</ref><br />
<br />
== Government<ref>See R.O.C. Constitution</ref> ==<br />
<br />
=== President ===<br />
Articles 35–52 of the Constitution of the Republic of China<ref name="Constitution">''See'' ZHONGHUA MINGUO XIANFA (Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=98 (last visited Mar. 28, 2012)</ref> and Article 2 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional">''See'' ZHONGHUA MINGUO XIANFA ZHENGXIU TIAOWEN (The Additional Articles of the Constitution of the Republic of China) (Taiwan), ''available at'' http://www.judicial.gov.tw/constitutionalcourt/EN/p07_2.asp?lawno=36 (last visited Mar. 28, 2012)</ref> state that the [[President of the Republic of China|President]] shall be directly elected by the entire populace of the [[free area of the Republic of China]], and may hold office for no more than two consecutive four-year terms (Article 2 of the Additional Articles). The President represents the country in its foreign relations (Article 35). The President also has command of the armed forces (Article 36);<ref name="Constitution"/> promulgates laws and mandates (Article 37);<ref name="Constitution"/> may make a declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan (Article 39);<ref name="Constitution"/> may appoint and remove civil servants and military officers (Article 41);<ref name="Constitution"/> may confer honors and decorations (Article 42);<ref name="Constitution"/> may grant amnesties and pardons, remission of sentences, and restitution of civil rights (Article 40);<ref name="Constitution"/> as well as conclude treaties and declarations of war and cease-fire (Article 38).<ref name="Constitution"/> According to the Additional Articles of the Constitution of the Republic of China, the President may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may declare the dissolution of the Legislative Yuan after consulting with its president.<ref name="Additional"/><br />
<br />
=== The Executive Yuan ===<br />
Articles 53–61 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 3 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Executive Yuan]] shall be the highest administrative organ of the state (Article 53),<ref name="Constitution"/> and have a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio (Article 54).<ref name="Constitution"/> The premier is appointed by the President of the Republic with the consent of the Legislative Yuan (Article 55).<ref name="Constitution"/> The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier (Article 56).<ref name="Constitution"/><br />
<br />
=== The Legislative Yuan ===<br />
Articles 62–76 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 4 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Legislative Yuan]] shall be the highest legislative organ of this Country, and exercises legislative power on behalf of the people (Article 62). Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members (Additional Article 4).<ref name="Additional"/> The members of the Legislative Yuan shall serve a term of four years, which is renewable after re-election (Additional Article 4).<ref name="Additional"/> According to Article 4 of the Additional Articles of the Constitution of the Republic of China, the distribution of the Legislative seats is as follows: (1) Seventy-three members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county or city. Members for the seats shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number with the members to be elected; (2) Three members each shall be elected from among the lowland and highland aborigines in the free area; (3) A total of 34 members shall be elected from the nationwide constituency and among citizens residing abroad.<ref name="Additional"/> The Legislative Yuan has a president and a vice president, elected by and from among its members (Article 66).<ref name="Constitution"/><br />
<br />
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state (Article 63);<ref name="Constitution"/> to propose to amend the Constitution (Article 12 of the Additional Articles),<ref name="Additional"/> change the nation's territorial boundaries (Article 2 of the Additional Articles),<ref name="Additional"/> or impeach the President or Vice President (Article 2 of the Additional Articles).<ref name="Additional"/><br />
<br />
=== The Judicial Yuan ===<br />
Articles 77–82 of the Constitution<ref name="Constitution"/> and Article 5 of the Additional Articles of the Constitution<ref name="Additional"/> state that The [[Judicial Yuan]] shall be the highest judicial organ of the state (Article 77).<ref name="Constitution"/> The Judicial Yuan is in charge of the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries.<ref name="Constitution"/> It is responsible for the adjudication of civil, criminal, and administrative cases, as well as the discipline of civil servants (Article 77).<ref name="Constitution"/><br />
<br />
The Judicial Yuan shall have 15 grand justices (Additional Article 5).<ref name="Additional"/> The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. Each grand justice of the Judicial Yuan shall serve a term of eight years and shall not serve a consecutive term (Additional Article 5).<ref name="Additional"/> The grand justices interpret the Constitution and unify the interpretation of laws and orders (Article 78).<ref name="Constitution"/> They also form a constitutional tribunal to adjudicate matters relating to the impeachment of the President or the Vice President, and the dissolution of political parties violating constitutional provisions (Additional Article 5).<ref name="Additional"/><br />
<br />
=== The Examination Yuan ===<br />
Articles 83–89 of the Constitution of the Republic of China<ref name="Constitution"/> and Article 6 of the Additional Articles of the Constitution of the Republic of China<ref name="Additional"/> state that the [[Examination Yuan]] shall have charge of matters relating to the examination, employment, and management of all civil servants of the state (Article 83).<ref name="Constitution"/> The Examination Yuan oversees all examination-related matters such as qualification screening, tenure, pecuniary aid in case of death, and the retirement of civil servants, as well as all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants (Additional Article 6).<ref name="Additional"/> *some articles were amended or cease to apply<br />
<br />
==== The Control Yuan ====<br />
Articles 90–106* of the Constitution of the Republic of China<ref name="Constitution"/> and Article 7 of the Additional Articles of the Constitution of the Republic<ref name="Additional"/> of China state that the [[Control Yuan]] shall exercise the powers of impeachment, censure, and audit (Additional Article 7).<ref name="Additional"/> It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are nominated and appointed by the President of the ROC with the consent of the Legislative Yuan (Additional Article 7).<ref name="Additional"/> The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term (Article 104).<ref name="Constitution"/> *some articles were amended or cease to apply<br />
<br />
== Justice System ==<br />
<br />
=== Court System ===<br />
<br />
Distinction is made between the common court and the administrative court. The common court is in charge of the civil and criminal cases, while the administrative court in charge of administrative cases. There are therefore 2 supreme court: the normal Supreme Court, and the Administrative Supreme Court.<br />
<br />
==== District Courts<ref>See Shilin District Court Website, http://sld.judicial.gov.tw/, last visited Mar. 28, 2012.</ref> ====<br />
{{Main|District Courts (Taiwan)}}<br />
<br />
There are currently 21 District Courts in [[Taiwan]]. 19 of them are located in the main island of [[Formosa]]: the District Court of Taipei, New Taipei, Shihlin, Taoyuan, Hsinchu, Miaoli, Taichung, Nantou, Changhua, Yunlin, Chaiyi, Tainan, Kaohsiung, Pingtung, Taitung, Hualien, Yilan, Keelung, Penghu; and 2 are located in [[fujian Province, Republic of China|Fuchien]]: Kinmen and Lienchiang.<br />
<br />
Each District Court may establish one or more summary divisions for the adjudication of cases suitable for summary judgments. The civil summary procedure is for the amount or the value of object of not more than NT$300,000 and for other simple legal disputes. Currently, there are a total of forty-five such divisions in Taiwan.<br />
<br />
Each of the District Courts has civil, criminal and summary divisions and may establish specialized divisions to handle cases involving juveniles, family, traffic, and labor matters as well as motions to set aside rulings on violations of the Statute for the Maintenance of Social Order. Each division has a Division Chief Judge who supervises and assigns the business of the division. Each District Court has a Public Defenders' Office and a Probation Officers' Office.<br />
<br />
A single judge hears and decides cases in ordinary and summary proceedings as well as in small claims cases. A panel of three judges decides cases of great importance in ordinary proceedings as well as appeals or interlocutory appeals from the summary and small claims proceedings. Criminal cases are decided by a panel of three judges, with the exception of summary proceedings which may be held by a single judge. The Juvenile Court hears and decides only cases involving juveniles.<br />
<br />
==== High Courts ====<br />
{{Main|High Court (Taiwan)}}<br />
There are two High Courts in the Republic of China, the [[Taiwan High Court]] (臺灣高等法院) and the [[Fuchien High Court]] (福建高等法院). The Taiwan High Court has four branches in Taichung, Tainan, Kaohsiung, and Hualien. The Fuchien High Court is not established, except for its branch in Kinmen, so in effect the Kinmen branch is directly subordinate to the Judicial Yuan.<ref name="High Court">''See'', Taiwan High Court, ''available at'' http://tph.judicial.gov.tw/en/default.htm (last visited Mar. 28, 2012)</ref><br />
<br />
The High Courts and High Court branches exercise jurisdiction over the following cases:<ref name="High Court"/><br />
<br />
1. Appeals from judgments of the District Courts or their branches as courts of the first instance in ordinary proceedings of civil and criminal cases;<br />
2. Interlocutory appeals from rulings of the District Courts or their branches in ordinary proceedings;<br />
3. First instance criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states;<br />
4. Military appellate cases whose judgments are imprisonment for a definite period rendered by the High Military Courts and their branches; and<br />
5. Other cases prescribed by law.<br />
<br />
Each High Court or High Court branch has jurisdiction over the following District Courts:<br />
* Taiwan High Court: Taipei, Shihlin, New Taipei, Yilan, Taoyuan, Hsinchu<br />
* Taiwan High Court, Taichung branch: Miaoli, Taichung, Nantou, Changhua<br />
* Taiwan High Court, Tainan branch: Yunlin, Chiayi, Tainan<br />
* Taiwan High Court, Kaohsiung branch: Kaohsiung, Pingtung, Penghu, Kaohsiung Juvenile Court<br />
* Taiwan High Court, Hualien branch: Hualien, Taichung<br />
* Fuchien High Court, Kinmen branch: Kinmen, Lienchiang<br />
<br />
Though the Taiwan High Court has administrative oversight over its four branches, it does not have appellate jurisdiction over them. Instead, the Taiwan High Court and its four branches have appellate jurisdiction over separate sets of District Courts, as listed above.<ref name="High Court"/><br />
<br />
The High Courts and its Branch Courts are divided into civil, criminal and specialized divisions. Each Division is composed of one Division Chief Judge and two Associate Judges. Additionally, the High Court and its Branch Courts have a Clerical Bureau, which is headed by a Chief Clerk who assists the President with administrative affairs.<ref name="High Court"/><br />
<br />
Cases before the High Courts or its Branch Courts are heard and decided by a panel of three judges. However, one of the judges may conduct preparatory proceedings.<ref name="High Court"/><br />
<br />
The Court has seven civil courts, each of which has one presiding judge and three judges to handle civil appeals of the second instance and counter-appeal cases under the system of collegial panels, but they do not deal with simple litigation. The Court has eleven criminal courts, each of which has one presiding judge and two or three judges to handle criminal appeals of the second instance and counter-appeal cases under the system of collegial panels as well as litigation of the first instance concerning civil strife, foreign aggression or violation of foreign relations. Based on various needs, the Court manages several professional courts such as the Professional Court of Fair Trade Cases, Family Professional Court, Professional Court of International Trade, Maritime Professional Court, Professional Court of State Compensation, Professional Court of Anti-corruption, Professional Court of Intellectual Property Rights, Professional Court of Juvenile Delinquency, Professional Court of Serious Criminal Cases, Professional Court of Public Security, Professional Court of Fair Trade Act, Professional Court of Sexual Harassment, etc.<ref name="High Court"/><br />
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==== Supreme Court ====<br />
{{Main|Supreme Court of the Republic of China}}<br />
The Supreme Court is located in Taipei. The Court is the court of last resort for civil and criminal cases. Except for civil cases involving amounts not exceeding NT $1,500,000 and petty offences enumerated in Article 376 of the Code of Criminal Procedure, any civil or criminal case may be appealed to the Court. This Court exercises jurisdiction over the following cases:<ref name="Supreme Court">''See'', Taiwan Supreme Court Website, http://tps.judicial.gov.tw/english/ (last visited Mar. 28, 2012)</ref><br />
<br />
1. appeals from judgments of High Courts or their branches as courts of first instance in criminal cases;<br />
2. appeals from judgments of High Courts or their branches as courts of second instance in civil and criminal cases;<br />
3. appeals from rulings of High Courts or their branches;<br />
4. appeals from judgments or rulings rendered by the civil court of second instance by the summary procedure, the amounts in controversy exceeding NT $1,500,000, and with permission granted in accordance with specified provisions;<br />
5. civil and criminal retrials within the jurisdiction of the court of third instance;<br />
6. extraordinary appeals; or<br />
7. any other case as specified by laws.<ref name="Supreme Court"/><br />
<br />
==== Administrative Courts ====<br />
The current administrative litigation system adopts a "Two Level Two Instance System" litigation procedure. The administrative courts are classified into the High Administrative Court, which is the court of first instance, and the Supreme Administrative Court, which is the appellate court. The first instance of the High Administrative Court is a trial of facts. The Supreme Administrative Court is an appellate court.<ref>''See'' Taiwan Supreme Administrative Court Website, http://tpa.judicial.gov.tw/, last visited Mar. 28, 2012.</ref><br />
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==== Specialized courts ====<br />
The Taiwan Kaohsiung Juvenile Court (臺灣高雄少年法院), established in accordance with the Law Governing the Disposition of Juvenile Cases, handles juvenile cases that would otherwise be handled by the Taiwan Kaohsiung District Court. Other District Courts do not have this division. Like appeals from the Kaohsiung District Court, appeals from the Juvenile Court are heard by the Taiwan High Court, Kaohsiung Branch.<br />
<br />
The Intellectual Property Court (智慧財產法院), located in Taipei, was established on 1 July 2008, has jurisdiction over intellectual property cases. It hears:<br />
# Civil cases involving intellectual property, at both trial and appeal;<br />
# Appeals of criminal cases involving intellectual property from the District Courts;<br />
# Administrative cases involving intellectual property, at trial.<br />
<br />
=== Judges ===<br />
Article 80 of the Constitution states that Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.<ref name="Constitution"/> Furthermore, Article 81 states that Judges shall hold office for life.<ref name="Constitution"/> No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Judges shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<br />
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=== Council of Grand Justices or Justices of the Constitutional Court ===<br />
The Justices of the Constitutional Court shall provide rulings on the following four categories of cases: 1. Interpretation of the Constitution; 2. Uniform Interpretation of Statutes and Regulations; 3. Impeachment of President and Vice President of the Republic of China; and 4. Declaring the dissolution of political parties in violation of the Constitution.<br />
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=== Prosecutors ===<br />
According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. According to the Law Governing the Organization of the Court and the Statute Governing Judicial Personnel Administration, the qualifications of prosecutors are identical to that of judges. Both of them possess the status of judicial officials. Prosecutors shall be appointed from those persons who have passed the Examination of Judicial Officials, completed the Training Course for Judicial Officials and possessed distinguished records after a term of practice.<ref>''See'' Shihlin Prosecutors Office Website, http://www.slc.moj.gov.tw/mp010.html, last visited Dec. 1, 2010.</ref><br />
<br />
=== Sources of Law - Precedents ===<br />
Precedents have a very different legal effect from those in the United States or other Anglo-American legal systems, see Article 80 of the Constitution. Some Supreme Court decisions may go through a screening process and selected as a precedent, bearing significant meaning for future cases.<ref name="Lo">Lo Chang-fa, The Legal Culture and System of Taiwan (Kluwer Law International 2006)</ref><br />
<br />
=== The Constitution and Human Rights ===<br />
The ROC Constitution was adopted on 25 December 1946, by the National Assembly convened in Nanjing. It was promulgated by the National Government on 1 January 1947, and put into effect on December 25 of the same year. In addition to the preamble, the Constitution comprises 175 articles in 14 chapters.<ref name="Constitution"/> In essence the Constitution embodies the ideal of "sovereignty of the people," guarantees human rights and freedoms, provides for a central government with five branches and a local self-government system, ensures a balanced division of powers between the central and local governments, and stipulates fundamental national policies.<ref name="Constitution"/><br />
<br />
==== The Preamble of the Constitution ====<br />
The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.<ref name="Constitution"/><br />
<br />
==== Some Basic Rights Guaranteed by the Constitution ====<br />
The Constitution states that the Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people and the sovereignty of the Republic of China shall reside in the whole body of citizens (Articles 1–2).<ref name="Constitution"/><br />
<br />
The Constitution also states that the people shall have freedom of residence and of change of residence, freedom of speech, teaching, writing and publication, freedom of privacy of correspondence, freedom of religious belief, and freedom of assembly and association (Articles 10–14).<ref name="Constitution"/> The Constitution further states that the people shall have the right of existence, the right to work and the right of property, the right of presenting petitions, lodging complaints, or instituting legal proceedings, the right of election, recall, initiative and referendum, and the right of taking public examinations and of holding public offices (Articles 15–18).<ref name="Constitution"/> The people shall have the duty of paying taxes in accordance with law, the duty of performing military service in accordance with law, and have the right and the duty of receiving citizens' education (Articles 19–21).<ref name="Constitution"/><br />
<br />
==== The Legal Relations between Taiwan and Mainland China under the Constitution ====<br />
Article 11 of the Additional Articles of the Constitution of the Republic of China states that the rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law.<ref name="Additional"/><br />
<br />
==== Referendum ====<br />
Article 1 of the Additional Articles of the Constitution of the Republic of China states that the electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory.<ref name="Additional"/><br />
<br />
=== Administrative Law ===<br />
<br />
==== The Principles ====<br />
The Administrative Procedure Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration. Administrative procedure means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions. Administrative authority is an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs. An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission (Articles 1–2).<ref name="Administrative">Administrative Procedure Act (Amended 2001.12.28)</ref><br />
<br />
==== Transparency ====<br />
All information held or kept in custody by an administrative authority shall in principle be made public but may be restricted in exceptional cases, and the disclosure of and restrictions on information shall, unless as herein prescribed, be separately provided by law (Article 44).<ref name="Administrative"/><br />
<br />
=== Civil Code ===<br />
The Civil Code<ref name="Civil Code">Civil Code (Amended 2008.05.23)</ref> is the basic law for most private relations between persons. It is divided into five parts:<br />
<br />
Part I: General Principles<br />
Part II: Debts<br />
Part III: Property<br />
Part IV: Family<br />
Part V: Succession<br />
<br />
==== General Principles ====<br />
The Civil Code states that if there is no applicable act for a civil case, the case shall be decided according to customs. If there is no such custom, the case shall be decided according to jurisprudence. The legal capacity of a person commences from the moment of live birth and terminates at death. Maturity is attained upon reaching the twentieth year of age, and a minor, who has not reached their seventh year of age, has no capacity to make juridical acts. A minor who is over seven years of age has limited capacity to make juridical acts. A married minor has the capacity to make juridical acts. A juridical person is established only according to this code or any other acts. A juridical act which is against public policy or morals is void.<br />
<br />
==== Contracts ====<br />
The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.<ref name="Civil Code" /> A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent. The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian. Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.<ref name="Civil Code"/><br />
<br />
An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal. If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.<ref name="Civil Code"/><br />
<br />
An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well. An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party. The fact that after the notification of the expression the expresser dies, or becomes unable to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent. In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words. A person who offers to make a contract shall be bound by his offer except at the time of offer he has excluded this obligation or except it may be presumed from the circumstances or from the nature of the affair that he did not intend to be bound. Exposing goods for sale with their selling price shall be deemed to be an offer. However, the sending of pricelists is not deemed to be an offer. An offer ceases to be binding if it is refused. An offer made inter presentes ceases to be binding if it is not accepted at once.An acceptance which arrives late, except under the circumstances in the preceding article, shall be deemed to be a new offer.<ref name="Civil Code"/><br />
<br />
An acceptance with amplifications, limitations or other alterations shall be deemed to be a refusal of the original offer and the making of a new offer. In cases where according to customs or owing to the nature of the affair, a notice of acceptance is not necessary, the contract shall be constituted when, within a reasonable time, there is a fact, which may be considered as an acceptance of the offer. If a notice of withdrawing an offer arrives after the arrival of the offer itself, though it should usually arrive before or simultaneously with the arrival of the offer within a reasonable time by its transmitting manner, and this might be known to the other party, the other party so notified should notify the offerer immediately of such delay.<ref name="Civil Code"/><br />
<br />
When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted. If the parties agree on all the essential elements of the contract but have expressed no intent as to the non-essential elements, the contract shall be presumed to be constituted. In the absence of an agreement on the above-mentioned non-essential elements, the court shall decide them according to the nature of the affair. When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.<ref name="Civil Code"/><br />
<br />
The debtor shall be responsible for his acts, whether intentional or negligent. The extent of responsibility for one's negligence varies with the particular nature of the affair; but such responsibility shall be lessened, if the affair is not intended to procure interests to the debtor. If there is change of circumstances which is not predictable then after the constitution of the contract, and if the performance of the original obligation arising therefrom will become obviously unfair, the party may apply to the court for increasing or reducing his payment, or altering the original obligation. If according to the nature of the contract or the expression of intent of the parties, the purpose of the contract can not be accomplished if not performed within the fixed period, and if one of the parties does not perform the contract within that period, the other party may rescind the contract without giving the notice specified in the preceding article. Unless otherwise provided by the act or by the contract, a person who is bound to make compensation for an injury shall restore the injured party to the status quo before the injury. If the restoration of the status quo ante shall be paid in money, interest shall be added from the time of the injury.<ref name="Civil Code"/><br />
<br />
==== Torts ====<br />
If a person has wrongfully damaged to the body, health, reputation, liberty, credit, privacy or chastity of another, or to another's personality in a severe way, the injured person may claim a reasonable compensation in money even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation. A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved. If several persons have wrongfully damaged the rights of another jointly, they are jointly liable for the injury arising therefrom. The same rule shall be applied even if which one has actually caused the injury cannot be sure. Instigators and accomplices are deemed to be joint tortfeasors.<ref name="Civil Code"/><br />
<br />
An official, who has intentionally committed a breach of duty which he ought to exercise in favor of a third party and therefore prejudice to such third party, is liable for any injury arising therefrom. If the breach is the result of this official's negligence, he may be held liable to compensate only in so far as the injured person is unable to obtain compensation by other means. In the case mentioned in the preceding sentence, if the injured person who may obviate the injury by making use of a legal remedy has intentionally or negligently omitted to make use of it, the official shall not be liable to compensate for the injury.<ref name="Civil Code"/><br />
<br />
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury. In the case of the preceding sentence, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision. If compensation cannot be obtained according to the provisions of the preceding two sentences, the court may, on the application of the injured person, take the financial conditions among the tortfeasors, the guardian and the injured person into consideration, and order the tortfeasors or his guardian to compensate for a part or the whole of the injury.<ref name="Civil Code"/><br />
<br />
The employer shall be jointly liable to make compensation for any injury which the employee has wrongfully caused to the rights of another in the performance of his duties. However, the employer is not liable for the injury if he has exercised reasonable care in the selection of the employee, and in the supervision of the performance of his duties, or if the injury would have been occasioned notwithstanding the exercise of such reasonable care. If compensation cannot be obtained according to the provision of the preceding sentence, the court may, on the application of the injured person, take the financial conditions of the employer and the injured person into consideration, and order the employer to compensate for a part or the whole of the injury. The employer who has made compensation as specified in the preceding sentence may claim for reimbursement against the employee committed the wrongful act.<ref name="Civil Code"/><br />
<br />
If injury is caused by an animal, the possessor is bound to compensate the injured person for any injury arising therefrom, unless reasonable care in keeping according to the species and nature of the animal has been exercised, or unless the injury would have been occasioned notwithstanding the exercise of such reasonable care. The possessor may claim for reimbursement against the third party, who has excited or provoked the animal, or against the possessor of another animal which has caused the excitement or provocation.<ref name="Civil Code"/><br />
<br />
The injury, which is caused by a building or other work on privately owned land, shall be compensated by the owner of such building or work, unless there is no defective construction or insufficient maintenance in such building or work, or the injury was not caused by the defectiveness or insufficiency, or the owner has exercised reasonable care to prevent such injury. In the case of the preceding sentence, if there is another person who shall be responsible for the injury, the owner making compensation may make a claim for reimbursement against such person.<ref name="Civil Code"/><br />
<br />
The manufacturer is liable for the injury to another arising from the common use or consumption of his merchandise, unless there is no defectiveness in the production, manufacture, process, or design of the merchandise, or the injury is not caused by the defectiveness, or the manufacturer has exercised reasonable care to prevent the injury. The manufacturer mentioned in the preceding sentence is the person who produces, manufactures, or processes the merchandise. Those, who attach the merchandise with the service mark, or other characters, signs to the extent enough to show it was produced, manufactured, or processed by them, shall be deemed to be the manufacturer. If the production, manufacture, process, or design of the merchandise is inconsistent with the contents of its manual or advertisement, it is deemed to be defective. The importer shall be as liable for the injury as the manufacturer.<ref name="Civil Code"/><br />
<br />
If an automobile, motorcycle or other motor vehicles which need not to be driven on tracks in use has caused the injury to another, the driver shall be liable for the injury arising therefrom, unless he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
The person, who runs a particular business or does other work or activity, shall be liable for the injury to another if the nature of the work or activity, or the implement or manner used might damage to another. Except the injury was not caused by the work or activity, or by the implement or manner used, or he has exercised reasonable care to prevent the injury.<ref name="Civil Code"/><br />
<br />
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances. A person who has wrongfully caused the death of another shall also be bound to make compensation for the injury to any person incurring the medical expenses, increasing the need in living, or incurring the funeral expenses. If the deceased was statutorily bound to furnish maintenance to a third party, the tortfeasor shall also make compensation to such third party for any injury arising therefrom. In case of death caused by a wrongful act, the father, mother, sons, daughters and spouse of the deceased may claim for a reasonable compensation in money even if such injury is not a purely pecuniary loss.<ref name="Civil Code"/><br />
<br />
=== Civil Procedure<ref>Taiwan Code of Civil Procedure (Amended 2003.06.25)</ref> ===<br />
The Civil Procedure Law has its origin in the Draft of Civil Code of Qing Empire (大清民事訴訟律草案), which was drafted by a Japanese Judge Yoshimasa Matsuoka (松岡義正, 1870-1939). In early era of Republic of China, the Peking government has its own Code of Civil Procedure (民事訴訟條例), which was drafted on the basis of the Draft of Qing Empire, with some modification made by Chinese scholars studied in Japan. As a result, the Civil Procedure Law in Formosa (Taiwan) is a mixture of Japanese law and German law. Some of its provisions has its origin in German Zivilprozessordnung.<br />
<br />
A defendant may be sued in the court for the place of the defendant's domicile or, when that court cannot exercise jurisdiction, in the court for the place of defendant's residence. A defendant may also be sued in the court for the place of defendant's residence for a claim arising from transactions or occurrences taking place within the jurisdiction of that court. Where a defendant has no place of domicile in the R.O.C., or where the defendant's place of domicile is unknown, then the defendant's place of residence in the R.O.C. shall be deemed to be the defendant's place of domicile. Where the defendant has no place of residence in the R.O.C. and where the defendant's place of residence is unknown, then the defendant's last place of domicile in the R.O.C. shall be deemed to be the defendant's place of domicile. Where an R.O.C. citizen is located in a foreign nation and enjoys immunity from the jurisdiction of such foreign nation, and when he/she cannot be sued in a court in accordance with the provisions of the two preceding paragraphs, then the place where the central government is located shall be deemed to be the place of domicile of such citizen.<br />
<br />
The fundamental goal of civil trials is to solve disputes over private rights so as to protect these rights. Civil litigation is based on the adversary system. A presiding judge directs the proceedings and exercises the right of elucidation to allow the parties concerned to make proper and sufficient debates. Furthermore, the judge examines evidence in detail and makes fair decisions. Meanwhile, the court shall try, by all possible means, to expand the function of compromises and reconciliation to reduce the sources of litigation.<br />
<br />
The court has a certain number of civil divisions that deal with civil cases related to disputes over private rights or specified in other special laws or ordinances, as well as non-contentious matters.<br />
<br />
Cases involving controversies over marriage, parent-children relations, declaration of death, interdiction, and non-contentious matters including property management, inheritance, adoption, and acknowledgement of children, are handled by the Family Division.<br />
<br />
Only an attorney may act as an advocate, except where the presiding judge permits a person who is not an attorney to act as an advocate. The presiding judge may by a ruling, at any time revoke the permission provided in the preceding paragraph. The notification of such revocation shall be served upon the principal of the retention. The Judicial Yuan shall prescribe the regulations governing permission of a person who is not an attorney to act as an advocate.<br />
<br />
A party bears the burden of proof with regard to the facts which he/she alleges in his/her favor, except either where the law provides otherwise or where the circumstances render it manifestly unfair.<br />
<br />
=== Intellectual Property Laws ===<br />
<br />
==== Copyright Law ====<br />
For the purposes of the Copyright Act,<ref>Copyright Act, promulgated on 11 July 2007 by Presidential Order No. (96) Hua-Zong-(1)-Yi-Zih 09600088051; [[:wikisource:Copyright Act (Republic of China, 2006)]]</ref> "works" shall include the following:<br />
<br />
1. Oral and literary works.<br />
2. Musical works.<br />
3. Dramatic and choreographic works.<br />
4. Artistic works.<br />
5. Photographic works.<br />
6. Pictorial and graphical works.<br />
7. Audiovisual works.<br />
8. Sound recordings.<br />
9. Architectural works.<br />
10. Computer programs.<br />
<br />
The examples and content of each category of works set forth in the preceding paragraph shall be prescribed by the competent authority.<br />
<br />
Protection for copyright that has been obtained in accordance with this Act shall only extend to the expression of the work in question, and shall not extend to the work's underlying ideas, procedures, production processes, systems, methods of operation, concepts, principles, or discoveries.<br />
<br />
Except as otherwise provided in this Act, economic rights endure for the life of the author and fifty years after the author's death.<br />
<br />
==== Trademark Law<ref>Trademark Act, Amended & Promulgated on 28 May 2003 by Presidential Order, and enforced on Nov 28, 2003</ref> ====<br />
A trademark may be composed of a word, design, symbol, color, sound, three-dimensional shape or a combination thereof. A trademark as defined above shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification to those goods or services and to differentiate such goods or services from those offered by others.<br />
<br />
Since the publication date of a registered trademark, trademark rights remaining for a term of ten years shall be bestowed upon a right holder.<br />
<br />
==== Patent<ref>Patent Act, Amended And Promulgated on 6 February 2003</ref> ====<br />
The term "patent" referred to in this Act is classified into the following three categories:<br />
<br />
1. Invention patents;<br />
2. Utility model patents; and<br />
3. Design patents.<br />
<br />
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.<br />
<br />
The duration of a design patent right shall be twelve (12) years from the filing date of the patent application.<br />
<br />
=== Criminal Procedure<ref>The Code Of Criminal Procedure (Amended 2003.02.06)</ref> ===<br />
In criminal trials, the major purposes are to discover facts, punish criminals, acquit the innocent, safeguard human rights, and to ensure the proper execution of the state's penalty power. When public prosecutors initiate public prosecutions on behalf of the state, or when victims file private prosecutions, the Criminal Division proceeds with open and fair trials in accordance with the principle of "no crime and punishment without law," and facts decided by evidence. In cases where the minimum punishment is not less than three years of imprisonment or the accused is financially unable to retain a lawyer, the court offers public defenders to protect the rights and interests of the accused.<br />
<br />
Criminal proceedings may not be initiated and punishment may not be imposed other than in conformity with the procedure specified in this Code or in other laws.<br />
<br />
Crimes committed by military personnel in active service, except those military offenses subject to court-martial, shall be prosecuted and punished in accordance with this Code.<br />
<br />
Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code.<br />
<br />
A summons shall be issued for the appearance of an accused.<br />
<br />
A summons shall contain the following matters:<br />
(1) Full name, sex, age, native place and domicile or residence of the accused;<br />
(2) Offense charged;<br />
(3) Date, time, and place for appearance;<br />
(4) That a warrant of arrest may be ordered if there is a failure to appear without good reason.<br />
<br />
If the name of an accused is unknown or other circumstances make it necessary, special identifying marks or characteristics must be included; if the age, native place, domicile or residence of an accused is unknown, it does not need to be included.<br />
<br />
A summons shall be signed by a public prosecutor during the stage of investigation or by a presiding or commissioned judge during the stage of trial.<br />
<br />
Prior to a final conviction through trial, an accused is presumed to be innocent.<br />
<br />
The facts of an offense shall be established by evidence. The facts of an offense shall not be established in the absence of evidence.<br />
<br />
The public prosecutor shall bear the burden of proof as to the facts of the crime charged against an accused, and shall indicate the method of proof.<br />
<br />
Prior to the first trial date, if it appears to the court that the method of proof indicated by the public prosecutor is obviously insufficient to establish the possibility that the accused is guilty, the court shall, by a ruling, notify the public prosecutor to make it up within a specified time period; if additional evidence is not presented within the specified time period, the court may dismiss the prosecution by a ruling.<br />
<br />
Once the ruling on dismissing the prosecution becomes final, no prosecution can be initiated for the same case, unless one of the circumstances specified in the Items of Article 260 exists.<br />
<br />
Judgment of "Case Not Established" shall be pronounced if prosecution has been re-initiated in violation of the provision of the preceding paragraph.<br />
<br />
After a witness, or an expert witness, subpoenaed because of the motion of a party, an agent, a defense attorney, or an assistant, has been examined by the presiding judge for his identity, the party, agent, or defense attorney shall examine these persons; if an accused, not represented by a defense attorney, does not want to examine these persons, the court shall still provide him with appropriate opportunities to question these persons.<br />
<br />
The examination of a witness or an expert witness shall be in the following order:<br />
(1) The party, agent, or defense attorney calling the witness or expert witness shall do the direct examination first;<br />
(2) Followed by the opposing party's, his agent's or defense attorney's cross examination;<br />
(3) Then, the party, agent, or defense attorney calling the witness or expert witness shall do the redirect examination;<br />
(4) Finally, the opposing party, his agent or defense attorney shall make the recross examination.<br />
<br />
After completing the examination as specified in the preceding section, the party, agent, or defense attorney may, with the court's approval, examine the witness or expert witness again.<br />
<br />
After examined by the party, agent, or defense attorney, the witness or expert witness may be examined by the presiding judge.<br />
<br />
If the one and the same accused or private prosecutor is represented by two or more agents or defense attorneys, the said agents or defense attorneys shall choose one of them to examine the one and the same witness or expert witness, unless otherwise permitted by the presiding judge.<br />
<br />
If the witness or expert witness is called by both parties, the order of doing the direct examination shall be decided by both parties' agreement; if it can not be decided by such agreement, the presiding judge shall determine it.<br />
<br />
== Other ==<br />
<br />
=== Torture ===<br />
While [[torture]] is illegal,<ref>{{cite web<br />
| last =<br />
| first =<br />
| authorlink =<br />
| coauthors =<br />
| title = Country Reports on Human Rights Practices: China (Taiwan only)<br />
| work =<br />
| publisher = [[United States Department of State]]<br />
| date = 2004-02-25<br />
| url = https://www.state.gov/g/drl/rls/hrrpt/2003/27767.htm<br />
| doi =<br />
| accessdate = 2008-08-28}}</ref> there have been allegations of police brutality during the investigation process. They have led to controversy in light of several death sentences that have been carried out based on confessions claimed to be extracted under torture.<ref>{{cite press release<br />
| title = Taiwan: Miscarriage of Justice: "Hsichih Trio" re-sentenced to death<br />
| publisher = Amnesty International<br />
| date = 2007-07-16<br />
| url = https://www.amnesty.org/en/documents/asa38/001/2007/en/<br />
| accessdate = 2008-08-28}}</ref><br />
<br />
=== Capital Punishment ===<br />
{{main|Capital punishment in Taiwan}}<br />
While Taiwan maintains the [[death penalty]] for a variety of offenses, the number of executions dropped significantly since 2002, with only three executions in 2005 and none between 2006 and 2009. Executions resumed again in 2010.<br />
<br />
== See also ==<br />
{{Portal|Taiwan|Law}}<br />
* [[History of law in Taiwan]]<br />
* [[Constitution of the Republic of China]]<br />
* [[Six Codes]]<br />
* [[List of law schools in Taiwan|Law schools in Taiwan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
* [[Judicial Yuan]]<br />
* [[Supreme Court of the Republic of China]]<br />
* [[Supreme Prosecutor Office]]<br />
* [[Taiwan High Prosecutors Office]]<br />
* [[District Courts (Republic of China)]]<br />
* [[Referendums in Taiwan]]<br />
<br />
== References ==<br />
<br />
{{reflist}}<br />
<br />
== External links ==<br />
* [http://www.taiwanlawresources.com/ Taiwan Law Resources]<br />
* [http://www.judicial.gov.tw The Judicial Yuan]<br />
* [http://www.moj.gov.tw The Ministry of Justice]<br />
* [http://www.tpc.moj.gov.tw/ Taipei District Prosecutors Office]<br />
* [http://www.ly.gov.tw/ Legislative Yuan]<br />
* [http://www.ey.gov.tw/ Executive Yuan]<br />
<br />
{{Asia topic|Law of|IL=Israeli law}}<br />
<br />
[[Category:Taiwanese law|*]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=B%C3%BCrgerliches_Gesetzbuch&diff=886790427Bürgerliches Gesetzbuch2019-03-08T15:31:44Z<p>114.249.43.146: </p>
<hr />
<div>{{ITALICTITLE}}<br />
{{more footnotes|date=November 2013}}<br />
The '''''Bürgerliches Gesetzbuch''''' ({{IPA-de|ˈbʏʁɡɐlɪçəs ɡəˈzɛtsbuːx|lang}}, lit.: 'Civil Law Book'), abbreviated '''BGB''', is the [[civil code]] of [[Germany]]. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project.<br />
<br />
The BGB served as a template in several other [[Civil law (legal system)|civil law]] jurisdictions, including [[Japan]], [[South Korea]], the Republic of China, the [[People's Republic of China]], [[Thailand]], [[Brazil]], [[Greece]], [[Estonia]], [[Latvia]] and [[Ukraine]]. It also had a major influence on the 1907 [[Swiss Civil Code|Swiss civil code]], the 1942 [[Italian civil code]], the 1966 [[Portuguese Civil Code|Portuguese civil code]], and the 1992 reformed [[Burgerlijk Wetboek|Dutch civil code]].<br />
<br />
==History==<br />
===German Empire===<br />
[[Image:Reichsgesetzblatt 1896 Seite 195.png|thumb|upright=1.5|Publication in the ''Reich Law Gazette'' on August 24, 1896]]<br />
<br />
The introduction in [France] of the [[Napoleonic code]] in 1804 created in Germany a similar desire for obtaining a civil code (despite the opposition of the [[German Historical School|Historical School of Law]] of [[Friedrich Carl von Savigny]]), which would systematize and unify the various heterogeneous laws that were in effect in the country. However, the realization of such an attempt during the life of the [[German Confederation]] was difficult because the appropriate legislative body did not exist. <br />
<br />
In 1871, most of the various German states were united into the [[German Empire]]. In the beginning, [[Civil law (legal system)|civil law]] legislative power was held by the individual states, not the Empire (''Reich'') that was composed of those states. An amendment to the constitution passed in 1873 (called "Lex Miquel-Lasker" referring to the amendment's sponsors, representatives Johannes von Miquel and Eduard Lasker) transferred this legislative authority to the Reich. Various committees were then formed to draft a bill that was to become a civil law codification for the entire country, replacing the civil law systems of the states. <br />
<br />
A first draft code, in 1888, did not meet with favour. A second committee of 22 members, comprising not only jurists but also representatives of financial interests and of the various ideological currents of the time, compiled a second draft. After significant revisions, the BGB was passed by the [[Reichstag (German Empire)|Reichstag]] in 1896. It was put into effect on January 1, 1900, and has been the central [[Codification (law)|codification]] of [[Germany]]'s civil law ever since.<br />
<br />
===Nazi Germany===<br />
In [[Nazi Germany]], there were plans to replace the BGB with a new codification that was planned to be entitled "[[Volksgesetzbuch]]" ("people's code"), which was meant to reflect Nazi ideology better than the liberal spirit of the BGB, but these plans did not become reality. However, some general principles of the BGB such as the doctrine of [[good faith]] (§ 242 BGB, ''Grundsatz von Treu und Glauben'') were used to interpret the BGB in a Nazi-friendly way. Therefore, the political need to draft a completely new code to match the Nazis' expectations subsided, and instead the many flexible doctrines and principles of the BGB were re-interpreted to meet the (legal) spirit of that time. Especially through the good faith doctrine in § 242 BGB (see above) or the ''contra bonos mores'' doctrine in § 138 BGB (''sittenwidriges Rechtsgeschäft''), voiding transactions perceived as being ''contra bonos mores'', i.e. against public policy or morals, the Nazis and their willing judges and lawyers were able to direct the law in a way to serve their nationalist ideology.<br />
<br />
===Germany from 1945===<br />
When Germany was divided into a democratic [[Capitalism|capitalist]] state in the West and a [[Socialism|socialist]] state in the East after [[World War II]], the BGB continued to regulate the civil law in both parts of Germany. Over time the BGB regulations were replaced in [[East Germany]] by new laws, beginning with a family code in 1966 and ending with a new civil code (''Zivilgesetzbuch'') in 1976 and a contract act in 1982. Since [[German reunification|Germany's reunification]] in 1990, the BGB has again been the codification encompassing the civil law of Germany.<br />
<br />
In West and reunited Germany, the BGB has been amended many times. The most significant changes were made in 2002, when the Law of Obligations, one of the BGB's five main parts, was extensively reformed. Despite its status as a civil code, legal precedent does play a limited role; the way the courts construe and interpret the regulations of the code has changed in many ways, and continues to evolve and develop, due particularly to the high degree of abstraction throughout. In recent years lawmakers have tried to bring some outside legislation "back into the BGB". For example, aspects of tenancy legislation, which had been transferred to separate laws such as the ''Miethöhengesetz'' ("Rental Rate Act") are once again covered by the BGB.<br />
<br />
The BGB continues to be the centerpiece of the German legal system. Other legislation builds on principles defined in the BGB. The German Commercial Code, for example, contains only those rules relevant to merchant partnerships and limited partnerships, as the general rules for partnerships in the BGB also apply.<br />
<br />
The BGB is typical of 19th century legislation and has been criticized from its very beginnings for its lack of social responsibility. Lawmakers and legal practice have improved the system over the years to adapt the BGB in this respect with more or less success. Recently, the influence of EU legislation has been quite strong and the BGB has seen many changes as a result.<br />
<br />
==Structure==<br />
The BGB follows a modified [[Pandects|pandectist]] structure, derived from [[Roman law]]: like other Roman-influenced codes, it regulates the law of persons, property, family and inheritance, but unlike e.g. the French [[Code civil]] or the [[Austrian Civil Code]], a chapter containing generally applicable regulations is placed first. Consequently, the BGB contains five main parts (or "books"):<br />
*the general part (''allgemeiner Teil''), articles 1 through 240, comprising regulations that have effect on all the other four parts, such as personhood and civil status, [[Emancipation_of_minors|emancipation]], [[Capacity_(law)|legal capacity]], declarations of will, [[Rescission_(contract_law)|rescission]], formation of contracts, [[Statute of limitations|limitation periods]], and [[Law of agency|agency]]<br />
*[[law of obligations]] (''Schuldrecht''), art. 241 through 853, describing contractual obligations and other civil obligations, including [[tort]]s and [[unjust enrichment]]<br />
*[[property law]] (''Sachenrecht''), art. 854 through 1296, describing [[Possession (law)|possession]], [[ownership]], other property rights (e.g. [[Servitude in civil law|servitudes]], [[security interest]]s, [[rentcharge]], land charge), and how those rights can be transferred<br />
*[[family law]] (''Familienrecht''), art. 1297 through 1921, describing marriage, [[Matrimonial regime|marital property schemes]], [[Legal guardian|legal guardianship]], and other legal relationships among family members<br />
*[[inheritance]] law (''Erbrecht''), art. 1922 through 2385, which regulates what happens to a deceased's estate, as well as the [[Will and testament|law of wills]] and contracts concerning succession (''pacta successoria'').<br />
<br />
==Abstract system of alienation==<br />
One of the BGB's fundamental components is the doctrine of [[Abstraction principle (law)|abstract alienation]] of property (German: ''Abstraktionsprinzip''), and its corollary, the separation doctrine (''Trennungsprinzip''). Derived from the works of the [[Pandectists|pandectist scholar]] [[Friedrich Carl von Savigny]], the Code draws a sharp distinction between obligationary agreements (BGB, Book 2), which create enforceable obligations, and "real" or [[Alienation_(property_law)|alienation]] agreements (BGB, Book 3), which transfer property rights. In short, the two doctrines state: the owner having an obligation to transfer ownership does not make you the owner, but merely gives you the right to ''demand'' the transfer of ownership. The opposite system, the causal system, is in effect in France and other legal jurisdictions influenced by French law, under which an obligationary agreement is sufficient to transfer ownership; no subsequent conveyance is needed. The German system thus mirrors the English [[common law]] differentiation between ''in rem'' rights and ''in personam'' rights.<br />
<br />
The separation doctrine states that obligationary agreements for alienation and [[Conveyancing|conveyance]]s that effect that alienation must be treated separately and follow their own rules. Also, under the abstract system, alienation does not depend on the validity of the underlying causa of the obligationary contract; in other words, a conveyance is ''sine causa'' (without legal consideration). From this differentiation it follows that a mere obligationary agreement, such as for the sale of property, does not transfer ownership if and until a separate legal instrument, the conveyance, has been drawn up and goes into effect; conversely, the alienation of property based on an invalid obligationary agreement may give rise to a restitutionary obligation for the transferee to restore the property (e.g. [[unjust enrichment]]), but until the property is re-conveyed, again by way of a conveyance, the transferred property is not affected.<br />
<br />
Under the BGB, a sales contract alone, for example, would not lead to the buyer acquiring ownership, but merely impose an obligation on the seller to transfer ownership of the sold property. The seller is then contractually obligated to form another, and separate, agreement to transfer the property. Only once this second agreement is formed, the buyer acquires ownership of the purchased property. Consequently, these two procedures are regulated differently: the contracting parties' obligations are regulated by art. 433, whereas real contracts alienating movable property are provided for under art. 929. The payment of the purchase price (or valuable consideration) is treated likewise.<br />
<br />
In day-to-day business, this differentiation is not needed, because both types of contract would be formed simultaneously by exchanging the property for payment of money. Although the abstract system can be seen as overly technical and contradicting the usual common-sense interpretation of commercial transactions, it is undisputed among the German legal community. The main advantage of the abstract system is its ability to provide a secure legal construction to nearly any financial transaction, however complicated this transaction may be.<br />
<br />
A good example is retention of [[Title (property)|title]]. If someone buys something and pays the purchase price in installments, there are two conflicting interests at play: the buyer wants to have the purchased property immediately, whereas the seller wants to secure full payment of the purchase price. Under the abstract system, the BGB has a simple answer: the sales contract obligates the buyer to pay the full price and requires the seller to transfer property upon receipt of the last installment. As the sale obligations and the actual conveyance of ownership are embodied in two separate agreements, it is quite simple to secure both parties' interests. The seller maintains ownership of the property until the last payment, while the buyer merely possesses the property. If the buyer defaults, the seller may repossess the property just like any other owner. <br />
<br />
Another advantage is that should the sales contract be found defective due to some vitiating factor (e.g. fraud, mistake, or undue influence), this would not affect the seller's ownership, thereby making it unnecessary to resell the property for the sake of transferring ownership back to the original seller. Instead, under the rules of [[unjust enrichment]], the buyer is obligated to transfer the property back if possible or otherwise pay compensation.<br />
<br />
== Template for other jurisdictions ==<br />
* In 1896 and 1898, the [[Government of Japan|Japanese government]] enacted a [[civil code]] (民法, Minpō) based on the first draft of the ''Bürgerliches Gesetzbuch''; with post–World War II modifications, the code remains in effect.<ref>{{cite journal|last=Kanamori|first=Shigenari|title=German influences on Japanese Pre-War Constitution and Civil Code|journal=European Journal of Law and Economics|date=1 January 1999|volume=7|issue=1|pages=93–95|doi=10.1023/A:1008688209052}}</ref><br />
<br />
==Trivia==<br />
*No other German law has a larger number of sections: The BGB ends with sec. 2385.<br />
*Sec. 923 (1) BGB is a perfect [[hexameter]]:<br />
''Steht auf der Grenze ein Baum, so gebühren die Früchte und, wenn der Baum gefällt wird, auch der Baum den Nachbarn zu gleichen Teilen'' ("Where there is a tree standing on the boundary, the fruits and, if the tree is felled, the tree itself belong to the neighbours in equal shares.").<br />
*Sec. 923 (3) BGB rhymes:<br />
::''Diese Vorschriften gelten auch | für einen auf der Grenze stehenden Strauch'' ("These provisions also apply to a bush standing on the boundary.")<br />
*Although several other laws are meant to deal with specific legal questions deemed to be outside the scope of a general civil code, the highly specialised ''Bienenrecht'' (law of bees) is found within the property law chapter of the BGB (sections 961–964). This results from the fact that, in legal terms, bees become wild animals as soon as they leave their hive. As wild animals can't be owned by anyone, the said sections provide for the former owner to keep his claim over that swarm. But sections 961–964 are usually described as the least cited regulations in German law, with not a single decision of any higher court pertaining thereto since the BGB entered into force.<br />
<br />
==See also==<br />
*[[French civil code]]<br />
*[[European civil code]]<br />
<br />
==Notes==<br />
{{reflist|2}}<br />
<br />
== External links ==<br />
* [http://www.gesetze-im-internet.de/englisch_bgb/ English translation of the BGB (German Civil Code)]<br />
* [http://bundesrecht.juris.de/bundesrecht/bgb/index.html German BGB] {{de icon}} by the [[Federal Ministry of Justice (Germany)|German Ministry of Justice]], [http://bundesrecht.juris.de/englisch_bgb/index.html Books 1, 2, & 3] {{en icon}}<br />
* [https://web.archive.org/web/20060208020806/http://www.lumrix.de/bgb.php Search the BGB] {{de icon}}<br />
* [https://web.archive.org/web/20050217044633/http://bundesrecht.juris.de/bundesrecht/bgb-infov/index.html BGB-Informationspflichten-Verordnung] {{de icon}}<br />
* [https://web.archive.org/web/20101223112315/http://www.bmj.bund.de/Themen/Zivilrecht_108.html Civil law overview] by the [[Federal Ministry of Justice (Germany)|German Ministry of Justice]]{{Dead link|date=July 2013}}<br />
* [https://web.archive.org/web/20051123182303/http://www.jusline.de/BGB.html Commentary on the BGB] {{de icon}}<br />
{{Authority control}}<br />
<br />
{{Civil codes by country|Europe}}<br />
<br />
{{DEFAULTSORT:Burgerliches Gesetzbuch}}<br />
[[Category:Civil codes]]<br />
[[Category:German law]]<br />
[[Category:1900 in law]]<br />
[[Category:1900 in Germany]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Lu_Jintang&diff=886788601Lu Jintang2019-03-08T15:16:43Z<p>114.249.43.146: </p>
<hr />
<div>{{Orphan|date=November 2018}}<br />
{{more citations needed|date=May 2018}}<br />
{{Infobox person<br />
|honorific-prefix = President<br />
| name = Lu Jintang<br />卢金堂<br />
| image = <br />
| image_size = <br />
| birth_date = 1910<br />
| birth_place = [[Gaocheng District|Gaocheng]], [[Zhili]], [[Qing dynasty]], China<br />
| death_date = {{death year and age|1986|1910}}<br />
| death_place = [[Beijing]], [[People's Republic of China]]<br />
| resting_place = <br />
| occupation = Educator, Politician, Soldier<br />
| nationality = Chinese<br />
| spouse = Ma Lantian<br />
| children = Lu Jianqiang<br />
| website = <!-- http://www.gc.gov.cn/col/1533194408156/2018/08/04/1533347414208.html --><br />
}}<br />
{{Chinese name|[[Lu (surname 卢)|Lu]]}}<br />
'''Lu Jintang''' (Chinese: 卢金堂; pinyin: Lú Jīntáng;1910 –March 16, 1986) was a Chinese politician and educator. <br />
Lu joined the [[Communist Party of China]] in June 1930, and he was the guerrilla leader of the [[Communist Party of China]] in [[Gaocheng District|Gaocheng]] during the [[Second Sino-Japanese War]].<br />
<br />
Lu was the Principal of Hebei [[Zhengding]] High School (1947-1950) and the president of Hebei Beijing Normal College (today's [[Hebei Normal University]]) before the founding of the [[People's Republic of China]].<br />
<br />
Lu later served as the Direct of the Bureau of Education of [[Baoding]] city government and the first principal of Experimental Middle School attached to [[Hebei Normal University]] (1956-1966).<ref>{{cite web|url=http://www.sjzkg.edu.cn/0sub_news.asp?d_ID=5794|title=历届领导|website=www.sjzkg.edu.cn}}</ref><br />
<br />
He was also a member of the first, second and third of the Beijing Municipal People's Congress.<br />
<br />
==References==<br />
{{reflist}}<br />
<br />
{{DEFAULTSORT:Lu Jintang}}<br />
[[Category:Hebei Normal University alumni]]<br />
[[Category:1910 births]]<br />
[[Category:1986 deaths]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Category:Treaties_of_the_Republic_of_China&diff=886786839Category:Treaties of the Republic of China2019-03-08T15:03:19Z<p>114.249.43.146: </p>
<hr />
<div>Treaties concluded or ratified by Republic of China. Articles should be placed in the appropriate subcategory.<br />
{{Portal|Republic of China}}<br />
{{DEFAULTSORT:Treaties Of The Republic Of China}}<br />
{{Commons category|Treaties with the Republic of China as a party}}<br />
[[Category:Foreign relations of Taiwan]]<br />
[[Category:History of the foreign relations of the Republic of China]]<br />
[[Category:Treaties of China|*11]]<br />
[[Category:Taiwanese law]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Category:Treaties_of_the_Republic_of_China&diff=886786742Category:Treaties of the Republic of China2019-03-08T15:02:34Z<p>114.249.43.146: </p>
<hr />
<div>Treaties concluded or ratified by the Republic of China.<br />
<br />
Articles should be placed in the appropriate subcategory.<br />
<br />
{{Portal|Republic of China}}<br />
<br />
{{DEFAULTSORT:Treaties Of The Republic Of China}}<br />
{{Commons category|Treaties with the Republic of China as a party}}<br />
<br />
[[Category:Foreign relations of Taiwan]]<br />
[[Category:History of the foreign relations of the Republic of China]]<br />
[[Category:Treaties of China|*11]]<br />
[[Category:Taiwanese law]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Six_Codes&diff=886786443Six Codes2019-03-08T15:00:19Z<p>114.249.43.146: /* References */</p>
<hr />
<div>{{Chinese<br />
|c=六法 |bpmf=ㄌㄧㄡˋ ㄈㄚˇ |w=liu⁴-fa³ |p=liùfǎ |tp=liòufǎ |mps=liòufǎ |gr=liowfaa <br />
|poj=Lio̍k-hoat, La̍k-hoat |tl=Lio̍k-huat, La̍k-huat |phfs=Liuk-fap<br />
|kanji=六法 |kana=ろっぽう |romaji=roppō<br />
|hangul=육법 |hanja=六法 |mr=ryukpŏp |rr=yukbeop}}<br />
'''Six Codes''' (六法), refers to the six main [[legal code]]s that make up the main body of law in [[Japan]], [[South Korea]], and the Republic of China.<ref>[http://www.moj.gov.tw/ct.asp?xItem=25471&CtNode=13792&mp=202 Ministry of Justice, R.O.C. (Taiwan)]</ref> Sometimes, the term is also used to describe the six major areas of law. Furthermore, it may refer to all or part of a collection of [[statute]]s.<br />
{|class=wikitable<br />
! !!width=280|{{JPN}}!!width=280|{{ROK}}!!width=280|{{flagdeco|Republic of China}} Republic of China<br />
|-<br />
!1<br />
|valign=top|[[Constitution of Japan|Constitution]] (1946)<br>{{lang|ja|日本国憲法}}<br>Nippon-koku-kenpō<br />
|valign=top|[[Constitution of South Korea|Constitution]] (1948)<br>{{lang|ko|대한민국 헌법}}<br>{{lang|ko|大韓民國憲法}}<br>Daehan-minguk Heon-beop<br />
|valign=top|[[Constitution of the Republic of China|Constitution]] (1946)<br>{{lang|zh-tw|中華民國憲法}}<br>Zhōnghuá Mínguó Xiànfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Tiong-hoâ Bîn-kok Hiàn-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Chûng-fà Mìn-koet Hién-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!2<br />
|valign=top|Civil Code (1896)<br>{{lang|ja|民法}}<br>Minpō<br />
|valign=top|Civil Code (1958)<br>{{lang|ko|민법}}<br>{{lang|ko|民法}}<br>Min-beop<br />
|valign=top|Civil Code (1929)<br>{{lang|zh-tw|民法}}<br>Mínfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Bîn-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Mìn-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!3<br />
|valign=top|Code of Civil Procedure (1996)<br>{{lang|ja|民事訴訟法}}<br>Minji-soshō-hō<br />
|valign=top|Code of Civil Procedure (1960)<br>{{lang|ko|민사소송법}}<br>{{lang|ko|民事訴訟法}}<br>Minsa-sosong-beop<br />
|valign=top|Code of Civil Procedure (1930)<br>{{lang|zh-tw|民事訴訟法}}<br>Mínshìsùsòngfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Bîn-sū Sò͘-siōng-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Mìn-sṳ Su-siung-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!4<br />
|valign=top|Criminal Code (1907)<br>{{lang|ja|刑法}}<br>Keihō<br />
|valign=top|Criminal Code (1953)<br>{{lang|ko|형법}}<br>{{lang|ko|刑法}}<br>Hyeong-beop<br />
|valign=top|Criminal Code (1935)<br>{{lang|zh-tw|刑法}}<br>Xíngfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Hêng-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Hìn-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!5<br />
|valign=top|Code of Criminal Procedure (1948)<br>{{lang|ja|刑事訴訟法}}<br>Keiji-soshō-hō<br />
|valign=top|Code of Criminal Procedure (1954)<br>{{lang|ko|형사소송법}}<br>{{lang|ko|刑事訴訟法}}<br>Hyeongsa-sosong-beop<br />
|valign=top|Code of Criminal Procedure (1928)<br>{{lang|zh-tw|刑事訴訟法}}<br>Xíngshìsùsòngfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Hêng-sū Sò͘-siōng-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Hìn-sṳ Su-siung-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!6<br />
|valign=top|Commercial Code (1899)<br>{{lang|ja|商法}}<br>Shōhō<br />
|valign=top|Commercial Code (1962)<br>{{lang|ko|상법}}<br>{{lang|ko|商法}}<br>Sang-beop<br />
|valign=top|Administrative laws<br>{{lang|zh-tw|行政法規}}<br>Xíngzhèngfǎguī <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Hêng-chèng Hoat-kui <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Hàng-chṳn Fap-kûi <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|}<br />
<br />
The word ''roppō'' is a slightly adapted form of the word used in Japanese to describe the [[Napoleonic Code]] (ナポレオン五法典 Napoleon go-hōten) when it was brought over during the early [[Meiji period]].<ref name="Japan">Masaji Chiba “Japan” edited by Poh-Ling Tan, “Asian Legal Systems” Butterworths, London, 1997.</ref> Although the Napoleonic Code consisted of five major codes, the Japanese added to this their own constitution to form six codes in all, and thus it came to be called the ''roppō'' or "six codes."<ref name="Japan" /><br />
<br />
Legislation in Japan tends to be terse. The statutory volume ''Roppō Zensho''(literally: Book of Six Codes), similar in size to a large dictionary, contains all six codes as well as many other statutes enacted by the Diet.<br />
<br />
The Republic of China's legal system is strongly influenced by Japan's. As a result, the terms Six Codes and Book of Six Codes are also widely used in the Republic of China.<br />
<br />
==See also==<br />
{|<br />
|- valign=top<br />
|width=300|'''Japan'''<br />
* [[Constitution of Japan]]<br />
* [[Law of Japan]]<br />
* [[Supreme Court of Japan]]<br />
* [[Ministry of Justice (Japan)]]<br />
|width=300|'''South Korea'''<br />
* [[Constitution of South Korea]]<br />
* [[Law of South Korea]]<br />
* [[Constitutional Court of Korea]]<br />
* [[Supreme Court of South Korea]]<br />
* [[Ministry of Justice (South Korea)]]<br />
|width=300|'''Republic of China'''<br />
* [[Constitution of the Republic of China]]<br />
* [[Law of Taiwan]]<br />
* [[Judicial Yuan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
|}<br />
<br />
==External links==<br />
# [http://www.moj.gov.tw/mp095.html Ministry of Justice, ROC(Taiwan)]<br />
# [http://law.moj.gov.tw/eng/ The Laws and Regulations Database of the ROC(Taiwan)]<br />
# [http://www.ron.gr.jp/law/ The Complete Six Codes of Japan RONの六法全書 onLINE(in Japanese)]<br />
<br />
==References==<br />
{{reflist}}<br />
[[Category:Japanese legislation]]<br />
[[Category:South Korean law]]<br />
[[Category:Taiwanese law]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Six_Codes&diff=886786099Six Codes2019-03-08T14:57:34Z<p>114.249.43.146: </p>
<hr />
<div>{{Chinese<br />
|c=六法 |bpmf=ㄌㄧㄡˋ ㄈㄚˇ |w=liu⁴-fa³ |p=liùfǎ |tp=liòufǎ |mps=liòufǎ |gr=liowfaa <br />
|poj=Lio̍k-hoat, La̍k-hoat |tl=Lio̍k-huat, La̍k-huat |phfs=Liuk-fap<br />
|kanji=六法 |kana=ろっぽう |romaji=roppō<br />
|hangul=육법 |hanja=六法 |mr=ryukpŏp |rr=yukbeop}}<br />
'''Six Codes''' (六法), refers to the six main [[legal code]]s that make up the main body of law in [[Japan]], [[South Korea]], and the Republic of China.<ref>[http://www.moj.gov.tw/ct.asp?xItem=25471&CtNode=13792&mp=202 Ministry of Justice, R.O.C. (Taiwan)]</ref> Sometimes, the term is also used to describe the six major areas of law. Furthermore, it may refer to all or part of a collection of [[statute]]s.<br />
{|class=wikitable<br />
! !!width=280|{{JPN}}!!width=280|{{ROK}}!!width=280|{{flagdeco|Republic of China}} Republic of China<br />
|-<br />
!1<br />
|valign=top|[[Constitution of Japan|Constitution]] (1946)<br>{{lang|ja|日本国憲法}}<br>Nippon-koku-kenpō<br />
|valign=top|[[Constitution of South Korea|Constitution]] (1948)<br>{{lang|ko|대한민국 헌법}}<br>{{lang|ko|大韓民國憲法}}<br>Daehan-minguk Heon-beop<br />
|valign=top|[[Constitution of the Republic of China|Constitution]] (1946)<br>{{lang|zh-tw|中華民國憲法}}<br>Zhōnghuá Mínguó Xiànfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Tiong-hoâ Bîn-kok Hiàn-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Chûng-fà Mìn-koet Hién-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!2<br />
|valign=top|Civil Code (1896)<br>{{lang|ja|民法}}<br>Minpō<br />
|valign=top|Civil Code (1958)<br>{{lang|ko|민법}}<br>{{lang|ko|民法}}<br>Min-beop<br />
|valign=top|Civil Code (1929)<br>{{lang|zh-tw|民法}}<br>Mínfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Bîn-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Mìn-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!3<br />
|valign=top|Code of Civil Procedure (1996)<br>{{lang|ja|民事訴訟法}}<br>Minji-soshō-hō<br />
|valign=top|Code of Civil Procedure (1960)<br>{{lang|ko|민사소송법}}<br>{{lang|ko|民事訴訟法}}<br>Minsa-sosong-beop<br />
|valign=top|Code of Civil Procedure (1930)<br>{{lang|zh-tw|民事訴訟法}}<br>Mínshìsùsòngfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Bîn-sū Sò͘-siōng-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Mìn-sṳ Su-siung-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!4<br />
|valign=top|Criminal Code (1907)<br>{{lang|ja|刑法}}<br>Keihō<br />
|valign=top|Criminal Code (1953)<br>{{lang|ko|형법}}<br>{{lang|ko|刑法}}<br>Hyeong-beop<br />
|valign=top|Criminal Code (1935)<br>{{lang|zh-tw|刑法}}<br>Xíngfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Hêng-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Hìn-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!5<br />
|valign=top|Code of Criminal Procedure (1948)<br>{{lang|ja|刑事訴訟法}}<br>Keiji-soshō-hō<br />
|valign=top|Code of Criminal Procedure (1954)<br>{{lang|ko|형사소송법}}<br>{{lang|ko|刑事訴訟法}}<br>Hyeongsa-sosong-beop<br />
|valign=top|Code of Criminal Procedure (1928)<br>{{lang|zh-tw|刑事訴訟法}}<br>Xíngshìsùsòngfǎ <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Hêng-sū Sò͘-siōng-hoat <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Hìn-sṳ Su-siung-fap <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|-<br />
!6<br />
|valign=top|Commercial Code (1899)<br>{{lang|ja|商法}}<br>Shōhō<br />
|valign=top|Commercial Code (1962)<br>{{lang|ko|상법}}<br>{{lang|ko|商法}}<br>Sang-beop<br />
|valign=top|Administrative laws<br>{{lang|zh-tw|行政法規}}<br>Xíngzhèngfǎguī <small>([[Taiwanese Mandarin|Mandarin]])</small><br>Hêng-chèng Hoat-kui <small>([[Taiwanese Hokkien|Taiwanese]])</small><br>Hàng-chṳn Fap-kûi <small>([[Taiwanese Mandarin|Hakka]])</small><br />
|}<br />
<br />
The word ''roppō'' is a slightly adapted form of the word used in Japanese to describe the [[Napoleonic Code]] (ナポレオン五法典 Napoleon go-hōten) when it was brought over during the early [[Meiji period]].<ref name="Japan">Masaji Chiba “Japan” edited by Poh-Ling Tan, “Asian Legal Systems” Butterworths, London, 1997.</ref> Although the Napoleonic Code consisted of five major codes, the Japanese added to this their own constitution to form six codes in all, and thus it came to be called the ''roppō'' or "six codes."<ref name="Japan" /><br />
<br />
Legislation in Japan tends to be terse. The statutory volume ''Roppō Zensho''(literally: Book of Six Codes), similar in size to a large dictionary, contains all six codes as well as many other statutes enacted by the Diet.<br />
<br />
The Republic of China's legal system is strongly influenced by Japan's. As a result, the terms Six Codes and Book of Six Codes are also widely used in the Republic of China.<br />
<br />
==See also==<br />
{|<br />
|- valign=top<br />
|width=300|'''Japan'''<br />
* [[Constitution of Japan]]<br />
* [[Law of Japan]]<br />
* [[Supreme Court of Japan]]<br />
* [[Ministry of Justice (Japan)]]<br />
|width=300|'''South Korea'''<br />
* [[Constitution of South Korea]]<br />
* [[Law of South Korea]]<br />
* [[Constitutional Court of Korea]]<br />
* [[Supreme Court of South Korea]]<br />
* [[Ministry of Justice (South Korea)]]<br />
|width=300|'''Republic of China'''<br />
* [[Constitution of the Republic of China]]<br />
* [[Law of Taiwan]]<br />
* [[Judicial Yuan]]<br />
* [[Ministry of Justice (Taiwan)]]<br />
|}<br />
<br />
==External links==<br />
# [http://www.moj.gov.tw/mp095.html Ministry of Justice, ROC(Taiwan)]<br />
# [http://law.moj.gov.tw/eng/ The Laws and Regulations Database of the ROC(Taiwan)]<br />
# [http://www.ron.gr.jp/law/ The Complete Six Codes of Japan RONの六法全書 onLINE(in Japanese)]<br />
<br />
==References==<br />
{{reflist}}<br />
<br />
[[Category:Japanese legislation]]<br />
[[Category:South Korean law]]<br />
[[Category:Taiwanese law]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Jana_Toom&diff=886782872Jana Toom2019-03-08T14:29:29Z<p>114.249.43.146: </p>
<hr />
<div>{{Infobox MEP<br />
| name = Yana Toom<br />
| honorific-suffix = [[Member of the European Parliament|MEP]]<br />
| image = KE Yana Toom.jpg<br />
| office = [[Member of the European Parliament]]<br />
| term_start = 1 July 2014<br />
| term_end = <br />
| constituency = [[Estonia (European Parliament constituency)|Estonia]]<br />
| birth_name =<br />
| birth_date = {{birth-date and age|15 October 1966}}<br />
| birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
| death_date = <br />
| death_place = <br />
| party = '''''{{flag|Estonia|name=Estonian}}'''''<br>[[Estonian Centre Party]]<br>'''''{{flag|EU}}'''''<br>[[Alliance of Liberals and Democrats for Europe]]<br />
| spouse = <br />
| children =<br />
| website = {{URL|http://www.yanatoom.ee}}<br />
}}<br />
<br />
'''Yana Toom''' (born 15 October 1966) is an Estonian politician and [[Member of the European Parliament]] from [[Estonia (European Parliament constituency)|Estonia]]. She is a member of the [[Estonian Centre Party]], part of the [[Alliance of Liberals and Democrats for Europe]].<ref>{{cite web|url=http://www.europarl.europa.eu/meps/en/124700/YANA_TOOM_history.html |title=Yana TOOM |website=Europarl.europa.eu |date= |accessdate=2016-05-12}}</ref><br />
<br />
==Political career==<br />
In the [[Estonian parliamentary election, 2015|2015 Estonian elections]], Toom finished third with 11,573 votes; however, she eventually decided to keep her seat in the European Parliament.<ref>Cynthia Kroet (March 2, 2015), [http://www.politico.eu/article/reform-party-wins-estonian-election/ Reform Party wins Estonian election] ''[[European Voice]]''.</ref><br />
<br />
A member of the [[Group of the Alliance of Liberals and Democrats for Europe|ALDE]] (Group of the Alliance of Liberals and Democrats for Europe), Toom currently serves as her parliamentary group’s coordinator on the [[Committee on Culture and Education]]. She has also been a member of the [[Committee on Employment and Social Affairs]], the [[Committee on Petitions]] and the parliament's delegation to the EU-Russia Parliamentary Cooperation Committee since 2014. In addition to her committee assignments, she is a member of the European Parliament Intergroup on Extreme Poverty and Human Rights.<ref>[http://www.europarl.europa.eu/pdf/intergroupes/VIII_LEG_10_Extreme_poverty_and_human_rights.pdf Members] European Parliament Intergroup on Extreme Poverty and Human Rights.</ref><br />
<br />
==Controversy==<br />
In July 2016, Toom was part of a small delegation of MEPs, including [[Javier Couso Permuy]] and [[Tatjana Ždanoka]], which traveled to [[Damascus]] to meet [[Bashar Al-Assad]].<ref>Maïa de La Baume (July 4, 2017), [https://www.politico.eu/article/push-to-crack-down-on-rogue-european-parliament-missions/ Push to crack down on rogue European Parliament missions] ''[[Politico Europe]]''.</ref><br />
<br />
==References==<br />
{{reflist}}<br />
<br />
{{DEFAULTSORT:Toom, Yana}}<br />
[[Category:Living people]]<br />
[[Category:1966 births]]<br />
[[Category:Estonian Centre Party MEPs]]<br />
[[Category:Women MEPs for Estonia]]<br />
[[Category:MEPs for Estonia 2014–19]]<br />
[[Category:Politicians from Tallinn]]<br />
[[Category:21st-century women politicians]]<br />
[[Category:Estonian people of Russian descent]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Jevgeni_Ossinovski&diff=886782627Jevgeni Ossinovski2019-03-08T14:27:13Z<p>114.249.43.146: </p>
<hr />
<div>{{Expand Estonian|Jevgeni Ossinovski|date=September 2017}}<br />
{{Infobox officeholder<br />
|name = Jevgeni Ossinovski<br />
|image = Jevgeni Ossinovski.jpg<br />
|office = Leader of the [[Social Democratic Party (Estonia)|Social Democratic Party]]<br />
|term_start = 30 May 2015<br />
|term_end = <br />
|predecessor = [[Sven Mikser]]<br />
|successor = <br />
|office2 = [[Minister of Health and Labor (Estonia)|Minister of Health and Labor]]<br />
|primeminister2 = [[Taavi Rõivas]]<br>[[Jüri Ratas]]<br />
|term_start2 = 14 September 2015<br />
|term_end2 = 2 May 2018<br />
|predecessor2 = [[Rannar Vassiljev]]<br />
|successor2 = [[Riina Sikkut]]<br />
|office3 = [[Minister of Education and Research (Estonia)|Minister of Education and Research]]<br />
|primeminister3 = [[Taavi Rõivas]]<br />
|term_start3 = 26 March 2014<br />
|term_end3 = 9 April 2015<br />
|predecessor3 = [[Jaak Aaviksoo]]<br />
|successor3 = [[Jürgen Ligi]]<br />
|birth_date = {{birth date and age|1986|3|15|df=y}}<br />
|birth_place = [[Kohtla-Järve]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]] <ref>https://valitsus.ee/en/government-members/minister-education-and-research-jevgeni-ossinovski</ref><br />
|party = [[Social Democratic Party (Estonia)|Social Democratic Party]]<br />
|alma_mater = <br />
}}<br />
'''Jevgeni Olegovich Ossinovski''' (born 15 March 1986) is an Estonian politician and the current leader of the [[Social Democratic Party (Estonia)|Estonian Social Democratic Party]].<ref>{{cite web|url=http://www.postimees.ee/3207333/ossinovski-valiti-sotside-uueks-juhiks-mikser-loobus|title=Ossinovski valiti sotside uueks juhiks, Mikser loobus|publisher=}}</ref><br />
<br />
==Early life and education==<br />
He is the son of Oleg Ossinovski ([[:et:Oleg Ossinovski|et]]), a prominent railway industrialist who emigrated to Estonia from [[Soviet Kazakhstan]] in the 1980s.<br />
<br />
[[London School of Economics and Political Science]] has awarded him MSc in Comparative Politics (with Distinction) in 2010.<ref>{{Cite web|url=http://www.lse.ac.uk/aboutLSE/keyFacts/LSEDigest/pdf/LSEDigest2009-10.pdf|title=LSE Digest 2009-2010|last=|first=|date=|website=|publisher=|access-date=}}</ref><br />
<br />
==Political career==<br />
Ossinovski was the [[Minister of Education and Research (Estonia)|Minister of Education and Research]] from 26 March 2014 to 9 April 2015.<ref>[https://valitsus.ee/et/valitsus/varasemad-valitsused/ministrid?FIRST_REPUBLIC=0&EXILE_GOVERNMENTS=0&SECOND_REPUBLIC=0&AMETIKOHAD=HARIDUSMINISTER&SUGU=all&NIMI=&SORTBY=PERIOD&ORDER=DESC] valitsus.ee</ref> Since 14 September 2015 he is the Minister of Health and Labor.<ref>{{cite web|url=http://www.postimees.ee/3327267/galerii-ilves-nimetas-ametisse-uued-ministrid|title=Galerii: Ilves nimetas ametisse uued ministrid|publisher=}}</ref> <br />
<br />
In March 2017, Ossinovski chaired the first ever gathering of the [[Party of European Socialists]]’ health ministers.<ref>[https://www.pes.eu/oc/en/news-events/news/detail/First-meeting-of-PES-health-ministers-endorses-child-guarantee/?&page=3 First meeting of PES health ministers endorses child guarantee] [[Party of European Socialists]], press release of March 19, 2017.</ref> <br />
<br />
In April 2018, Ossinovski announced that he would step down as minister in order to focus on the party ahead of the [[Estonian parliamentary election, 2019|2019 parliamentary election]].<ref>{{Cite web|url=https://news.err.ee/744324/ossinovski-to-step-down-as-minister|title=Ossinovski to step down as minister|date=7 April 2018|publisher=ERR|access-date=8 April 2018}}</ref> On 2 May 2018, his cabinet position was passed to [[Riina Sikkut]].<ref>{{Cite web|url=https://news.err.ee/828121/new-ministers-sikkut-maggi-sworn-in|title=New ministers Sikkut, Mäggi sworn in|date=2 May 2018|publisher=ERR|access-date=5 May 2018}}</ref><br />
<br />
==References==<br />
{{reflist|2}}<br />
<br />
==External links==<br />
* {{Commons cat inline}}<br />
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{{DEFAULTSORT:Ossinovski, Jevgeni}}<br />
[[Category:Living people]]<br />
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[[Category:Party leaders of Estonia]]<br />
[[Category:Estonian people of Russian descent]]<br />
[[Category:Government ministers of Estonia]]<br />
[[Category:People from Kohtla-Järve]]<br />
[[Category:21st-century Estonian politicians]]<br />
<br />
<br />
{{Estonia-politician-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Helir-Valdor_Seeder&diff=886782524Helir-Valdor Seeder2019-03-08T14:26:08Z<p>114.249.43.146: </p>
<hr />
<div>{{Infobox officeholder<br />
|name = Helir-Valdor Seeder<br />
|image = Helir-Valdor Seeder, 2011.jpg<br />
|caption = Helir-Valdor Seeder in 2011.<br />
|office = Leader of the [[Pro Patria (Estonian political party)|Pro Patria]]<br />
|term_start = 13 May 2017<br />
|term_end = <br />
|predecessor = [[Margus Tsahkna]]<br />
|successor = <br />
|title2 = Minister of the Agriculture<br />
|term_start2 = 6 April 2007<br />
|term_end2 = 26 March 2014<br />
|primeminister2= [[Andrus Ansip]]<br />
|predecessor2 = [[Ester Tuiksoo]]<br />
|successor2 = [[Ivari Padar]]<br />
|birth_date = {{Birth date and age|df=y|1964|9|7}}<br />
|birth_place = [[Viljandi]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|party = [[Pro Patria (Estonian political party)|Pro Patria]]<br />
|alma_mater = [[Estonian University of Life Sciences]]<br />
}}<br />
'''Helir-Valdor Seeder''' (born 7 September 1964) is an [[Estonia]]n politician. He is a member of the [[Riigikogu|parliament]], current chairman of the [[Pro Patria (Estonian political party)|Pro Patria party]] and served as Minister of Agriculture from 2007 to 2014. Seeder has a [[master's degree]] in [[economics]] from the [[Estonian University of Life Sciences]].<ref>{{cite web|title=HELIR-VALDOR SEEDER|url=https://www.riigikogu.ee/riigikogu/koosseis/riigikogu-liikmed/saadik/23161df7-bc1b-442e-b4cd-2d1f37627658/Helir-Valdor-Seeder/|website=riigikogu.ee|accessdate=13 May 2017}}</ref> Before being elected to the parliament in 2003 he was Mayor of [[Viljandi]] from 1992 to 1993 and Governor of [[Viljandi County]] from 1993 to 2003.<br />
<br />
On 13 May 2017 Seeder was elected the chairman of the Pro Patria and Res Publica Union.<ref>{{cite news|title=IRL-i uueks esimeheks sai Helir-Valdor Seeder|url=http://www.err.ee/595379/irl-i-uueks-esimeheks-sai-helir-valdor-seeder|accessdate=13 May 2017|publisher=[[Eesti Rahvusringhääling|ERR]]}}</ref><br />
<br />
==References==<br />
{{reflist}}<br />
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{{Succession box | before=? | title=Governor of [[Viljandi County]] | years=1993–2003 | after=[[Kalle Küttis]]}}<br />
{{succession box|before=[[Ester Tuiksoo]]|title=[[Minister of Agriculture (Estonia)|Minister of Agriculture]]|years=2007–2014|after=[[Ivari Padar]]}}<br />
{{s-end}}<br />
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{{DEFAULTSORT:Seeder, Helir-Valdor}}<br />
[[Category:1964 births]]<br />
[[Category:Living people]]<br />
[[Category:Agriculture ministers of Estonia]]<br />
[[Category:Government ministers of Estonia]]<br />
[[Category:Mayors of places in Estonia]]<br />
[[Category:Estonian University of Life Sciences alumni]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:People from Viljandi]]<br />
[[Category:21st-century Estonian politicians]]<br />
<br />
<br />
{{Estonia-mayor-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Mart_Helme&diff=886782440Mart Helme2019-03-08T14:25:28Z<p>114.249.43.146: </p>
<hr />
<div>{{Infobox Officeholder<br />
|honorific-suffix = [[Member of Parliament|MP]]<br />
|name = Mart Helme<br />
|image = RK Mart Helme.jpg<br />
|office1 = Leader of the [[Conservative People's Party of Estonia|Conservative People's Party]]<br />
|term_start1 = 13 April 2013<br />
|term_end1 = <br />
|predecessor1 = [[Margo Miljand]]<br />
|successor1 = <br />
|office2 = [[List of Ambassadors of Estonia to Russia|Estonian Ambassador to Russia]]<br />
|president2 = [[Lennart Meri]]<br />
|term_start2 = 1995<br />
|term_end2 = 1999<br />
|predecessor2 = [[Jüri Kahn]]<br />
|successor2 = [[Tiit Matsulevitš]]<br />
|birth_date = {{birth date and age|1949|10|31|df=y}}<br />
|birth_place = [[Pärnu]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|death_date = <br />
|death_place = <br />
|party = [[Conservative People's Party of Estonia|Conservative People's Party]] {{small|(2012–present)}}<br>[[People's Union of Estonia|People's Union]] {{small|(2003–2005)}}<br>[[Res Publica Party]] {{small|(2002)}}<br />
|alma_mater = [[University of Tartu]]<br />
}}<br />
{{expand language|topic=|langcode=et|otherarticle=Mart Helme|date=October 2017}}<br />
{{Use mdy dates|date=December 2016}}<br />
'''Mart Helme''' (born 31 October 1949) is an Estonian politician and chairman of the national conservative [[Conservative People's Party of Estonia]] (EKRE) since 13 April 2013. A historian by profession, he also served as Estonia's ambassador to Russia from 1995 to 1999.<br />
<br />
He has worked as a journalist, publisher and diplomat.<ref>{{cite news|url=http://wwx.parnupostimees.ee/011105/esileht/artiklid/10059650.php |title=Mart Helme on olnud muusik, ajakirjanik, farmer, diplomaat ja mõisnik |publisher=Pärnu Postimees}}</ref> He has also been a farmer and a singer.<br />
<br />
He owns [[Suure-Lähtru]] manor.<br />
<br />
==Early life==<br />
<br />
Mart Helme was born on 31 October 1949 in [[Pärnu]]. His father was a veteran of the [[Estonian Legion]]. He later said that listening to his father's stories about fighting on the [[Eastern Front (World War II)|Eastern Front]] made him an Estonian patriot despite being raised in the Soviet Union.<ref name="ekre">[http://www.ekre.ee/erakond/juhatus/esimees-3/ EKRE: Esimees] {{webarchive|url=https://web.archive.org/web/20150108070343/http://www.ekre.ee/erakond/juhatus/esimees-3/ |date=January 8, 2015 }}</ref><br />
<br />
After graduating from high school in Pärnu in 1968, he studied history at the [[University of Tartu]] and graduated in 1973.<br />
<br />
In his youth, Helme played in several bands.<br />
<br />
==Career==<br />
Helme joined the Estonian diplomatic service in 1994. In 1995, he was appointed as the Estonian ambassador to Russia by President [[Lennart Meri]]. His tenure lasted until 1999. While in Moscow, he took part in the border negotiations with Russia.<br />
<br />
From 2003 to 2005, Helme was a member of the agrarian-centrist [[People's Union of Estonia]]. In 2012, when the party merged with the [[Estonian Patriotic Movement]], Helme became a member of the new [[Conservative People's Party of Estonia]]. A year later, he was elected its leader.<br />
<br />
He has said that "Estonian politicians should honestly admit that our choice is between staying with those who are creating a [[United States of Europe]] and joining those who desire a Europe of nation states. The Conservative People's Party doesn't see a place for Estonia in a United States of Europe."<ref>{{cite news|url=http://news.postimees.ee/1201676/ekre-general-assembly-elects-mart-helme-chairman |title=EKRE general assembly elects Mart Helme chairman |publisher=Postimees}}</ref><br />
<br />
In 2015 [[Estonian parliamentary election, 2015|parliamentary election]], Helme was elected to parliament with 6,714 individual votes<ref>{{cite web |url=http://rk2015.vvk.ee/detailed-12.html |title=Riigikogu valimised 2015: Detailne hääletamistulemus |publisher=Vabariigi Valimiskomisjon |accessdate= March 8, 2015 }}</ref> and in the [[2019 Estonian parliamentary election|2019 parliamentary election]] he increased his support to 9,170 individual votes.<br />
<br />
==Personal life==<br />
Politician and journalist [[Martin Helme]] is his son.<br />
<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
{{Commons category|Mart Helme}}<br />
* [http://www.suurelahtrumois.ee Suure-Lähtru manor]<br />
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[[Category:European white nationalists]]<br />
[[Category:Critics of multiculturalism]]<br />
[[Category:Critics of the European Union]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Ambassadors of Estonia to Russia]]<br />
[[Category:Party leaders of Estonia]]<br />
[[Category:University of Tartu alumni]]</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=J%C3%BCri_Ratas&diff=886782366Jüri Ratas2019-03-08T14:24:36Z<p>114.249.43.146: </p>
<hr />
<div>{{Infobox officeholder<br />
|name = Jüri Ratas<br />
|image = RK Jüri Ratas.jpg<br />
|caption = Ratas in 2015<br />
|office = [[List of heads of government of Estonia|17th]] [[Prime Minister of Estonia]]<br />
|president = [[Kersti Kaljulaid]]<br />
|term_start = 23 November 2016<br />
|term_end = <br />
|predecessor = [[Taavi Rõivas]]<br />
|successor = <br />
|office1 = Leader of the [[Estonian Centre Party|Centre Party]]<br />
|term_start1 = 5 November 2016<br />
|term_end1 = <br />
|predecessor1 = [[Edgar Savisaar]]<br />
|successor1 = <br />
|office2 = [[List of mayors of Tallinn|Mayor of Tallinn]]<br />
|term_start2 = 15 November 2005<br />
|term_end2 = 5 April 2007<br />
|predecessor2 = [[Tõnis Palts]]<br />
|successor2 = [[Edgar Savisaar]]<br />
|birth_date = {{birth date and age|1978|7|2|df=y}}<br />
|birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
|death_date = <br />
|death_place = <br />
|party = [[Estonian Centre Party|Centre Party]]<br />
|spouse = Karin Ratas<br />
|children = 4<br />
|alma_mater = [[Tallinn University of Technology]]<br />
}}<br />
'''Jüri Ratas''' (born 2 July 1978) is an [[Estonia]]n politician who is the current leader of the [[Estonian Centre Party|Centre Party]] and the [[Prime Minister of Estonia]]. He acted as the vice-president of the [[Riigikogu]] from 2007 to 2016 and [[mayor|Mayor]] of Tallinn from 2005 to 2007. As a mayor of Tallinn he initiated the [[European Green Capital]] programme.<ref>http://ec.europa.eu/environment/europeangreencapital/about_submenus/background.html {{webarchive |url=https://web.archive.org/web/20100727131249/http://ec.europa.eu/environment/europeangreencapital/about_submenus/background.html |date=July 27, 2010 }}</ref><br />
<br />
In the 2015 [[Estonian parliamentary election, 2015|Estonian parliamentary election]], Ratas was re-elected to the parliament with 7,932 individual votes.<ref>{{cite web |url=http://rk2015.vvk.ee/detailed-4.html |title=Riigikogu valimised 2015: Detailne hääletamistulemus |publisher=Vabariigi Valimiskomisjon |accessdate= 30 March 2015 }}</ref> In March he was elected as the second deputy speaker of the Riigikogu.<ref>{{cite web |url=http://news.err.ee/v/politics/726a2702-593a-4cf9-af2a-0c0cd1597fb2 |publisher=ERR |title=Eiki Nestor re-elected as Parliament Speaker, Seeder and Ratas as deputies |date=30 March 2015 |accessdate=30 March 2015}}</ref><br />
<br />
On 5 November 2016, Ratas was elected to succeed [[Edgar Savisaar]] as the leader of the Centre Party.<ref>{{cite news |title=Jüri Ratas elected chairman of the Center Party |url=http://news.err.ee/v/7c7d883c-8fdc-49d6-a5b4-22fdc1375f58 |publisher=ERR |date=5 November 2016 |accessdate=22 November 2016}}</ref><br />
<br />
After [[Taavi Rõivas' second cabinet]] split in November 2016 due to internal struggle, coalition talks began between Centre Party, Social Democratic Party, and Pro Patria and Res Publica Union.<ref>{{cite news |title=Prime Minister loses no confidence vote, forced to resign |url=http://news.err.ee/v/news/b4f0b0a4-3586-41ee-aa40-6005b14809d2/prime-minister-loses-no-confidence-vote-forced-to-resign |publisher=ERR |date=9 November 2016 |accessdate=9 November 2016}}</ref> On 19 November, the three parties agreed on the conditions of the new [[Jüri Ratas' cabinet|coalition]] led by Ratas.<ref>{{cite news |title=Coalition agreement ready, ministries distributed |url=http://news.err.ee/v/news/b0e7efd7-a4e4-4d52-a639-e3df2929941d/coalition-agreement-ready-ministries-distributed |publisher=ERR |date=19 November 2016 |accessdate=19 November 2016}}</ref> Ratas was sworn in as the prime minister of Estonia on 23 November.<ref>{{cite news |title=49th cabinet of Estonia sworn in under Prime Minister Jüri Ratas |url=http://news.err.ee/v/news/225f7541-410d-4048-9891-5e0ff297f912/49th-cabinet-of-estonia-sworn-in-under-prime-minister-juri-ratas |publisher=ERR |date=23 November 2016 |accessdate=23 November 2016}}</ref><br />
<br />
==Personal life==<br />
Ratas is married and has a daughter and three sons. His father is [[Estonian Center Party]] politician [[Rein Ratas]].<ref>{{cite web|url=https://menu.err.ee/861121/peaminister-juri-ratase-perre-sundis-neljas-laps|title=Peaminister Jüri Ratase perre sündis neljas laps|first=|last=|date=13 September 2018|publisher=err.ee|accessdate=14 September 2018}}</ref><br />
<br />
Ratas regards himself to be a believer and has completed the [[Alpha course]] at [[St. Olaf's Church, Tallinn|St. Olaf's Church]].<ref>{{cite web |url=http://www.eestikirik.ee/oleviste-koguduse-vanempastor-siim-teekel-annab-juri-ratasele-ule-piibli |title=Oleviste koguduse vanempastor Siim Teekel annab Jüri Ratasele üle Piibli |publisher=Eesti Kirik |date=20 April 2007 |accessdate=23 November 2016}}</ref> Although in the press he has been described as a [[baptists|baptist]],<ref>{{cite web |url=http://publik.delfi.ee/news/inimesed/tallinna-linnapea-juri-ratas-on-baptist?id=11860401 |title=Tallinna linnapea Jüri Ratas on baptist |publisher=Delfi Publik |date=23 December 2005 |accessdate=20 November 2016}}</ref> he has denied this.<ref>{{cite web |url=http://etv.err.ee/v/elusaated/pealtnagija/pn_ekstra/44c3a6b2-0ead-4f2c-9dd1-e557b32f72ca |title=Vaata pikka intervjuud uue peaministriga |publisher=Eesti Televisioon |date=23 November 2016 |accessdate=23 November 2016}}</ref><br />
<br />
==See also==<br />
*[[Jüri Ratas' cabinet]]<br />
==References==<br />
{{Reflist}}<br />
<br />
==External links==<br />
*[https://web.archive.org/web/20061010104454/http://www.tallinn.ee/eng/g546s26956 Profile of Ratas at Tallinn.ee]<br />
*[http://www.riigikogu.ee/?op=ems&page=ikaart&pid=73301&pidel=1&dldel=1&prdel=1&ydel=1&umdel=0&lang=en Profile of Ratas at Parliament web]<br />
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[[Category:Tallinn University of Technology alumni]]<br />
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<br />
{{Estonia-mayor-stub}}</div>114.249.43.146https://en.wikipedia.org/w/index.php?title=Kaja_Kallas&diff=886782196Kaja Kallas2019-03-08T14:22:54Z<p>114.249.43.146: </p>
<hr />
<div>{{Infobox officeholder<br />
| name = Kaja Kallas<br />
| image = Kaja Kallas (36784407542) (cropped).jpg<br />
| office = Leader of the [[Estonian Reform Party|Reform Party]]<br />
| term_start = 14 April 2018<br />
| term_end = <br />
| predecessor = [[Hanno Pevkur]]<br />
| successor = <br />
| office1 = [[Member of the European Parliament]]<br>for [[Estonia (European Parliament constituency)|Estonia]]<br />
| term_start1 = 1 July 2014<br />
| term_end1 = 5 September 2018<br />
| predecessor1 = <br />
| successor1 = [[Igor Gräzin]]<br />
| office2 = Member of the [[Riigikogu|Estonian Parliament]]<br>for [[Tallinn]]<br />
| term_start2 = 4 March 2011<br />
| term_end2 = 1 July 2014<br />
| birth_date = {{birth date and age|1977|6|18|df=y}}<br />
| birth_place = [[Tallinn]], [[Estonian Soviet Socialist Republic|Estonian SSR]], [[Soviet Union|USSR]]<br />
| death_date = <br />
| death_place = <br />
| party = [[Estonian Reform Party|Reform Party]]<br />
| spouse = <br />
| children = 1<br />
| relatives = [[Siim Kallas]] (Father)<br />
| education = [[University of Tartu]] ([[Bachelor of Arts|BA]])<br>[[Estonian Business School]] ([[Master of Business Administration|MBA]])<br />
| website = {{url|kajakallas.ee|Official website}}<br />
}}<br />
'''Kaja Kallas''' (born 18 June 1977) is an [[Estonia]]n politician, leader of the [[Estonian Reform Party|Reform Party]] and a former [[Member of the European Parliament]] (MEP), representing the [[Alliance of Liberals and Democrats for Europe]].<br />
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She has previously served as an attorney, specialising in European and Estonian competition law, and has been a Member of the [[Parliament of Estonia]] (Riigikogu).<br />
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==Early life and education==<br />
Born in [[Tallinn]] on 18 June 1977,<ref name="auto"/> Kaja Kallas is the daughter of [[Siim Kallas]] who served as the 14th [[Prime Minister of Estonia]] and was later a [[European Commissioner]].<ref>{{Cite web|url=http://fortune.com/2019/03/04/estonia-election-results-kaja-kallas/|title=Digital Savvy Estonia Is Set to Get Its First Female Prime Minister|website=Fortune|language=en|access-date=2019-03-07}}</ref><br />
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Kaja Kallas graduated from the [[University of Tartu]] in 1999 with a BA in law. From 2007 she attended the [[Estonian Business School]], earning an EMBA ([[Master of Business Administration]]) degree in economics in 2010.<ref>{{Cite web|url=https://www.linkedin.com/in/kaja-kallas-b8b52380|title=Kaja Kallas {{!}} LinkedIn|accessdate=Mar 4, 2019}}</ref><ref>{{Cite web|url=https://www.robert-schuman.eu/en/doc/oee/oee-1791-en.pdf|title=Victory for the centre-right opposition (ER) in the general elections in Estonia|last=Deloy|first=Corinne|date=3 March 2019|website=The Foundation Robert Schuman|archive-url=http://web.archive.org/web/20190307020854/https://www.robert-schuman.eu/en/doc/oee/oee-1791-en.pdf|archive-date=7 March 2019|dead-url=no|access-date=7 March 2019}}</ref><br />
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==Professional career==<br />
Kallas has been a member of the Estonian Bar Association since 1999 and an attorney-at-law since 2002. Since 26 March 2011 she has been placed on inactive status as a member of the Estonian Bar Association. She has been a partner in law firm [[Borenius|Luiga Mody Hääl Borenius]] and Tark & Co and worked as an executive coach in the [[Estonian Business School]]. She is also a member of the European Antitrust Alliance.<ref>{{Cite web|title=Biography|url=http://kajakallas.ee/in-english/biography/|website=Kaja Kallase Blogi|deadurl=yes|archiveurl=https://archive.is/20160616123242/http://kajakallas.ee/in-english/biography/|archivedate=2016-06-16|df=}}</ref><br />
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In November 2018, Kallas published ''MEP. 4 aastat Euroopa Parlamendis'' (MEP: Four Years in the European Parliament), in which she describes her life and work in Brussels from 2014 to 2018.<ref>{{cite web|url=https://www.goodreads.com/book/show/42956792-mep-4-aastat-euroopa-parlamendis|title=MEP. 4 aastat Euroopa Parlamendis |publisher=Goodreads|accessdate=8 March 2019 |language=Estonian}}</ref><br />
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==Political career==<br />
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===Member of the Estonian Parliament, 2010–2014===<br />
In 2010, Kallas decided to join the Estonian Reform Party. She ran for the Parliament of Estonia in 2011, receiving 7,157 votes.<ref>{{Cite web|title=Biography |url=http://kajakallas.ee/in-english/biography/|website=Kaja Kallase Blogi|deadurl=yes|archiveurl=https://archive.is/20160616123242/http://kajakallas.ee/in-english/biography/ |archivedate=2016-06-16|df=}}</ref> She was a member of the [[Riigikogu|XII composition of the Parliament of Estonia]] and chaired the Economic Affairs Committee from 2011 to 2014.<br />
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===Member of the European Parliament, 2014–2018===<br />
In the [[European Parliament election, 2014|2014 elections]] Kallas ran for the European Parliament and received 21,498 votes.<ref>{{cite web |url=http://kajakallas.ee/in-english/biography/ |title=Archived copy |accessdate=2016-06-16 |deadurl=yes |archiveurl=https://archive.is/20160616123242/http://kajakallas.ee/in-english/biography/ |archivedate=2016-06-16 |df= }}</ref><br />
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In the European Parliament, Kallas served on the [[Committee on Industry, Research and Energy]] and was a substitute for the [[Committee on the Internal Market and Consumer Protection]]. She was a vice-chair of the Delegation to the EU–Ukraine Parliamentary Cooperation Committee as well as a member of the Delegation to the Euronest Parliamentary Assembly and Delegation for relations with the United States.<ref name="auto">{{Cite web|url=http://www.europarl.europa.eu/meps/en/124697/KAJA_KALLAS/history/8|title=8th parliamentary term &#124; Kaja KALLAS &#124; MEPs &#124; European Parliament|website=www.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref><br />
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In addition to her committee assignments, Kallas was a member of the European Parliament Intergroup on the Digital Agenda<ref>[https://digitalagendaintergroup.eu/members/ Members] European Parliament Intergroup on the Digital Agenda.</ref> and a Vice-Chair of the Youth Intergroup.<ref><br />
{{Cite web|url=http://www.youthforum.org/latest-news/european-parliaments-renewed-youth-intergroup-meets-for-first-time-in-new-legislature/|title=European Youth Forum|website=www.youthforum.org|access-date=2016-04-18|archive-url=https://web.archive.org/web/20160504200506/http://www.youthforum.org/latest-news/european-parliaments-renewed-youth-intergroup-meets-for-first-time-in-new-legislature/|archive-date=2016-05-04|dead-url=yes|df=}}<br />
</ref><br />
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During her time in Parliament, Kallas worked on the Digital Single Market strategy, energy and consumer policies, as well as on relations with Ukraine. In particular, she stood up for the rights of [[Small and medium-sized enterprises|SMEs]], maintaining that borders in the digital world prevent innovative companies from emerging. She is a proponent of innovation and frequently emphasises that regulations cannot and must not hinder the technological revolution.<ref name="auto"/><br />
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Kallas served as [[rapporteur]] for six reports: opinion on the so-called e-Privacy regulation,<ref>{{Cite web|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-602.722%2b02%2bDOC%2bPDF%2bV0%2f%2fEN|title=Opinion on the proposal for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications)|last=Kallas|first=Kaja|date=4 October 2017|website=Committee on Industry, Research and Energy|others=For the Committee on Civil Liberties, Justice and Home Affairs|access-date=6 March 2019}}</ref> Civil law rules on robotics<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2015/2103(INL)&l=en|title=Procedure File: 2015/2103(INL) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref> and on the Annual report on EU Competition Policy,<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM(2014)0249&l=en|title=Procedure File: 2014/2158(INI) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref> and on Delivering a New Deal for Energy Consumers,<ref>{{Cite web|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%252f%252fEP%252f%252fNONSGML%252bCOMPARL%252bPE-572.937%252b04%252bDOC%252bPDF%252bV0%252f%252fEN|title=Application error|website=www.europarl.europa.eu|access-date=2016-04-18}}</ref> legislation on Custom infringements and sanctions<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2013/0432(COD)&l=en|title=Procedure File: 2013/0432(COD) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref> and the [[Committees of the European Parliament|own-initiatative report]] on the Digital Single Market.<ref>{{Cite web|url=https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=COM(2015)0192&l=en|title=Procedure File: 2015/2147(INI) &#124; Legislative Observatory &#124; European Parliament|website=oeil.secure.europarl.europa.eu|accessdate=Mar 4, 2019}}</ref><br />
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===Return to national politics===<br />
On 13 December 2017, the leader of the Reform Party [[Hanno Pevkur]] announced that he would no longer run for party leadership in January 2018 and suggested that Kallas should run instead.<ref>{{cite web|url=https://news.err.ee/648472/pevkur-not-to-run-for-reform-lead-again-kallas-not-announcing-yet|title=Pevkur not to run for Reform lead again, Kallas not announcing yet |publisher=ERR |date= 13 December 2017 |accessdate=22 December 2017}}</ref> After considering the offer, Kallas announced on 15 December that she would accept the invitation to run in the leadership election.<ref>{{cite web|url=https://news.err.ee/649011/kaja-kallas-to-run-for-reform-party-chair|title=Kaja Kallas to run for Reform Party chair |publisher=ERR |date=15 December 2017 |accessdate=22 December 2017}}</ref><br />
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On 3 March 2019, the Reform Party, led by Kallas, won the general election with about 29% of the vote, the ruling [[Estonian Centre Party]] taking 23%.<ref>{{cite news |date=5 March 2019 |title=Estonia general election: Opposition party beats Centre rivals|url=https://www.bbc.com/news/world-europe-47430993 |dead-url=no |work=[[BBC]]|location=London |access-date=4 March 2019}}</ref><!--<br />
==Other activities==<br />
{{unsourced section|date=March 2019}}<br />
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*[[European Council on Foreign Relations]] (ECFR), Member<br />
*[[Women Economic Forum]], adviser<br />
* Model European Union Tallinn, patron<br />
*[[European Liberal Youth]], mentor<br />
* European Young Leaders, member<br />
*[[Erasmus for Young Entrepreneurs]], MEP Ambassador<br />
* MEP Library Lovers, ambassador<br />
* European Internet Forum, political member<br />
* European Forum for Renewable Energy Sources, member of the extended board<br />
*[[Global Young Leaders Conference|Global Young Leaders]], member<br />
* Women Political Leaders, member<br />
* European Entrepreneurship Education Network, MEP ambassador<br />
--><br />
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==References==<br />
{{reflist|3}}<br />
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== External links ==<br />
*{{Official website|https://kajakallas.ee/}}<br />
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{{authority control}}<br />
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{{DEFAULTSORT:Kallas, Kaja}}<br />
[[Category:1977 births]]<br />
[[Category:Living people]]<br />
[[Category:Estonian Reform Party politicians]]<br />
[[Category:Estonian Reform Party MEPs]]<br />
[[Category:MEPs for Estonia 2014–19]]<br />
[[Category:Women MEPs for Estonia]]<br />
[[Category:Members of the Riigikogu]]<br />
[[Category:Estonian lawyers]]<br />
[[Category:Estonian women lawyers]]<br />
[[Category:21st-century women politicians]]<br />
[[Category:Women members of the Riigikogu]]<br />
[[Category:Politicians from Tallinn]]<br />
[[Category:University of Tartu alumni]]<br />
[[Category:Politicians from Tallinn]]</div>114.249.43.146