Organization and Functions
Organization and Functions
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The Department of Planning
The Department of Planning is responsible for matters, such as: the Ministry of Justice’s strategic planning, policy research, regulatory review, coordination, communications and congressional liaison, and public relations, which give assistance to senior officials in implementing governance vision and prioritizing policy management, in order to build a good government that can meet the challenges of the future and the expectations of the people, and enhance administrative effectiveness. Key tasks are as follows: the development, planning and coordination of the annual policy objectives, the annual policy plan, the medium-term policy plan, the preliminary work, and the medium and long-term case projects; the control, assessment and evaluation of governance reports and major case plans; the planning, research and analysis, promotion and management of research and development work; the planning, research and analysis, promotion, supervision and assessment of administrative innovation, administrative efficiency and services for the people; the planning, implementation, review and evaluation of overseas study reports and government publications; the communication and coordination concerning the operation of the Agency of Corrections; and other comprehensive planning on inter-organizational matters.
The Department of Legal System
The Department of Legal System is responsible for consultations on and discussions of regulatory research and regulatory applicability for the Executive Yuan and its affiliated agencies. The Department shall assign personnel to participate in the regulatory amendment research and coordination meetings convened by the Executive Yuan and its affiliated agencies, as well as to sit in on bill reviews and coordination meetings of the Legislative Yuan, so as to provide advice on relevant legal drafting and assist in resolving doubts about the applicability of a law. In addition, the department is in charge of the promotion, coordination and the arrangement of the affairs of the human rights protection. Taiwan enacted the two Covenants and their implementation acts on December 10, 2009. In order to demonstrate the positive actions of a state that builds on human rights, the Department actively promotes the human rights Covenant and reviews laws, regulations and administrative measures that are inconsistent with the Covenant. In addition, referencing the UN's Treaty Body’s review reporting model, the Department developed a mechanism where international human rights experts periodically come to Taiwan to review Taiwan's National Reports, and all sectors of the public are invited to engage and work together to improve any inadequacies of human rights practices, so that the human rights protection practices of Taiwan may be integrated into the global communities.
The Department of Legal Affairs
The Department of Legal Affairs is responsible for the legal affairs of the Executive Yuan and its affiliated agencies, and provides consultative opinions on applicable laws to each agency. In addition, the research and study, promotion and enforcement of civil legal affairs (i.e. the Civil Code, the Act for Implementation of J.Y. Interpretation No. 748, the Foundations Act and the Trust Law), administrative laws (i.e. the Administrative Procedure Act, the Administrative Penalty Act, the Administrative Execution Act, the Freedom of Government Information Law, and the State Compensation Law) and dispute resolution laws (i.e. the Township and County-Administered City Mediation Act, and the Arbitration Law of ROC) are also important aspects of the core business of the Department.
The Department of Prosecutorial Affairs
The various prosecutorial administrative tasks are extensive. In addition to researching the development (establishment) of criminal laws and their amendments to assure that they fit the proportionality principles of guilt and culpability, its tasks also include criminal investigation, public prosecution, criminal execution, dispatching of judicial police by the prosecutors, and participation in the supervision of civil, non-litigation and criminal victim compensation cases. The said administrative tasks also extend to the inspection, investigation and supervision of prosecutorial and administrative functions of all levels of the prosecutorial organization, the development (establishment) and amendment of laws and regulations relevant to attorneys and forensic physicians, the review and approval of their licenses, and the management and supervision of their relevant businesses, thus improving the prosecutorial system and laying the cornerstone for justice.
The Department of Prevention, Rehabilitation and Protection
In addition to providing protective probation and rehabilitation protection for crime offenders, and providing protection for crime victims, the judicial protection tasks are systematically expanded to the general public as well. For the general public, the Department of Prevention, Rehabilitation and Protection provides legal education, legal services and litigation counseling; for crime prevention, it promotes child and juvenile crime prevention programs, and assists with high-risk students; for recidivism prevention, it conducts commuted community services, deferred prosecution community interventions, alcohol and drug addiction rehabilitation and electronic monitoring; for rehabilitated addicts or criminals, it provides short-term placement, employment, schooling and medical assistance, interest-free business start-up loans, visit care, family support and other services that help them reintegrate into society; for crime victims, it provides legal assistance, psychological counseling and other life reconstruction measures, each according to their needs, to help them find and maintain post-traumatic peace of mind.
The Department of International and Cross-Strait Legal Affairs
The international community is facing formidable challenges and constant threat of global organized crimes which are seriously damaging the social order, economic stability and national security. For a long time, Taiwan has been adopting an open, active and positive attitude in participating international organizations and international conference with a view to cooperating with foreign countries to combat transnational crimes. We have strived to create a better mechanism of mutual legal assistance. As part of the efforts, Taiwan has enacted its Act of International Mutual Legal Assistance in Criminal Matters in 2018, and has concluded with several countries bilateral agreements in response to the cooperation needs between foreign countries and us concerning mutual legal assistance, extradition and transfer of sentenced persons. We expect that our efforts would enhance international collaboration, maintain social order and serve justice.
The Department of Information Management
The Department of Information Management is committed to: promoting technological planning and promotion strategies; constructing information systems that include criminal case integration, prosecutorial case and anti-corruption management, prison management, administrative execution case management and general administrative affairs management; promoting cross-domain service integration; and purchasing, with integrated planning, the hardware and software infrastructure as required for the Ministry of Justice and its affiliated agencies (excluding the Headquarters of the Ministry of Justice's Investigation Bureau), thus effectively improving the overall administrative efficiency of these judicial organizations. At the same time, this Department is creating the Green Energy Cloud Data Center for the Ministry of Justice, integrating the sharing system of its affiliated agencies and the security mechanisms for the internal and external networks, thus providing a highly efficient and stable information infrastructure. With the approval of an international standards assessment on the information security management system, the overall information security scheme of the judicial organizations is complete. The informationization and automation of the overall operation helps to enhance the public service quality.
Take charge of the collection, compilation, analysis, and release of statistical data on prosecution, correction, judicial protection, and administrative execution across the country, and provide relevant statistics and trend analysis at any time in accordance with the administrative guidelines of the Executive Yuan and the major policies of MOJ, and direct 85 statistics Institutions (including 26 prosecutorial organs, 45 correctional organs, and 14 administrative executive organs) which handle the matters of registration, statistical standards, statistical information management, and agency performance management, etc., and fully play a role in the function of statistical support for decision-making.