Court Organization Act Article 7-5

This English translation was last updated on 2024-11-29, but the Chinese text was amended on 2026-05-13. Later amendments may not be reflected in the translation — please refer to the Chinese text.

If the court of final appeal mentioned in paragraph 1 of the preceding Article determines that the judicial power sits with the court that has forwarded the case, it should issue a ruling that the case should be returned. If the court that has forwarded the case is deemed not to have the judicial power, it is necessary to designate a court of jurisdiction with the judicial power. The designated court mentioned in the preceding paragraph is bound by the ruling of the judicial power.The superior court of a further trial may not revoke or reverse, on the ground of no judicial power, a judgment by the court to which the case has been forwarded to or the court designated by the court of final appeal to have the judicial power as described in paragraph 1 of the preceding Article.
中文原文 法院組織法第7-5條
前條第一項之終審法院認受移送法院有審判權,應以裁定駁回之;認受移送法院無審判權,應以裁定指定其他有審判權之管轄法院。
前項受指定之法院,應受指定裁定關於審判權認定之羈束。
受移送法院或經前條第一項之終審法院指定之有審判權法院所為裁判,上級審法院不得以無審判權為撤銷或廢棄之理由。

English translation for reference only; the Chinese text prevails. Not legal advice.