This article centers on the “Victims’ Rights Map,” a framework designed to clarify and reorganize the structure of victim protection in Taiwan’s legal system. It challenges the common assumption that the term “victim” applies only to people affected by crime. Instead, it shows that the concept also includes any individual or group whose rights have been violated. Organized around four main quadrants—State Responsibility, Procedural Guarantees, Prevention and Protection, and Remedies and Reparations—this map offers a victim-friendly framework to help readers identify possible paths to justice and relief.
I. The Law Protects More Than Just Crime Victims
When you hear the word “victim,” what image comes to mind? For a long time, media narratives and social assumptions have portrayed victims as innocent, fragile, and helpless—usually in the context of serious criminal offenses. This myth of the “ideal victim” creates a major blind spot in discussions of victim protection.
When we focus only on victims of conventional crimes, many others are left out of view. People harmed by unlawful state action, communities whose health is damaged by industrial pollution, patients disabled by drug injuries or medical risks, and survivors of domestic violence, gender-based violence, labor exploitation, human trafficking, or major traffic accidents often disappear from public discussions of victim protection.
Being a “victim” is not a moral label used to invite sympathy. It is a legally recognized status. Victim Support Taiwan (VST) aims to help readers see the fuller and more accurate picture of who counts as a victim in Taiwan.
II. Victims in Taiwan’s Legal System
(A) Legal Terminology for “Victims”
A close look at Taiwan’s laws shows that the concept of a victim is not limited to criminal law. It appears across the Constitution, administrative law, civil law, commercial law, procedural law, and many special statutes.
In Taiwan’s current laws, the English word “victim” corresponds to several Chinese legal terms, including beihairen (被害人), shouhairen (受害人), shouhairenmin (受害人民), beihairenmin (被害人民), shouhaizhe (受害者), and beihaizhe (被害者). Together, these terms appear across 95 different laws currently in force. (See Appendix 1) It is important to note, however, that this figure reflects the distribution of legal terminology only. It does not mean that all 95 laws are primarily about victim protection.
Differences in wording do not necessarily reflect strict legal differences in definition. For example, in Taiwan’s Civil Code and related legislative materials, different Chinese terms for “victim” are used side by side. This variation is more likely the result of legislative history, drafting habits, and the word choices of lawmakers in different periods, rather than a set of clearly distinct and mutually exclusive legal concepts. 1 In recent years, however, legislative drafting has gradually moved toward greater consistency, especially around the term beihairen (被害人).
This broader legal landscape shows that victim protection in Taiwan extends well beyond crime. It reaches harm involving life, bodily integrity, liberty, dignity, property, health, labor, the environment, and other legally protected interests. Taiwan law may not yet use one single standardized legal term for “victim,” but conceptually it is already very close to VST’s working definition: individuals or groups whose rights have been violated.
(B) Victim Protection at the Constitutional Level
The fundamental basis for victim protection in Taiwan lies in the Constitution of the Republic of China (Taiwan). Although the Constitution does not explicitly define the word “victim,” it provides the constitutional basis for people whose rights have been harmed to seek remedies by setting out a broad list of fundamental rights.
First, Article 16 states that the people have the right to petition, appeal, and bring legal action. This creates a general constitutional guarantee of procedural relief.
Second, Article 24 provides that if a public official violates the law and infringes upon the freedoms or rights of the people, the injured party may claim compensation from the State according to law. This article establishes the constitutional foundation for state compensation and directly grants people the right to bring claims against the government.
In addition, the “Social State” principle (Welfare State) and the fundamental national policies reflected in Articles 152 to 157 of the Constitution, together with Article 10 of the Additional Articles, provide a strong constitutional basis for the State to establish institutional systems of compensation, support, and protection when people face certain serious risks of harm.
At the constitutional level, victim protection can be understood through two basic questions: Does the State provide effective remedies when people’s rights are violated? And does the State assume appropriate responsibility when it is the source of the violation, or when major social risks cause people to suffer exceptional harm?
III. Mapping Victims’ Rights in Taiwan
To help readers better understand Taiwan’s legal framework, VST has developed a map of victims’ rights based on practical needs and tailored to the structure of Taiwan’s legal system. The goal is to help every victim answer four fundamental questions:
- Who is responsible?
- What is my place in the legal process?
- How does the system prevent further harm?
- What procedures can I use to seek what kind of relief?
Based on this approach, VST organizes victims’ rights in Taiwan into four quadrants: A, B, C, and D. This article introduces the overall framework. A fuller legal classification and legal index will be provided in the appendices for further reference.
A. State Responsibility
When people’s rights are violated, the State’s responsibility does not take only one form. According to mainstream public law theory in Taiwan, it can be divided into three categories: State Compensation, Compensation for Special Sacrifice, and Social Compensation. The first two are traditional public law categories. The third is a supplementary system that developed under the social state principle to fill the gaps left by the first two.
A1. State Compensation
This category addresses responsibility arising from unlawful state action. When a state agency is itself the source of harm, or when a public official acts unlawfully, or when public facilities are defectively established or managed, the State must be held accountable and pay compensation. The core law in this area is the State Compensation Law.
In the context of transitional justice and historical wrongs, exoneration, restoration, compensation, and other forms of redress under laws such as the Act on Promoting Transitional Justice also reflect the State taking substantive responsibility for its own serious wrongdoing.
A2. Compensation for Special Sacrifice
Even when the State acts lawfully, its actions can still cause serious harm. When the State exercises public power for the public interest but causes specific individuals to bear a burden beyond what ordinary members of society should reasonably share, those individuals may be understood as having suffered a special sacrifice. In such cases, the State must provide reasonable compensation based on fairness and the equal sharing of public burdens.
A classic example is lawful land expropriation. The Criminal Compensation Act, which compensates people who were lawfully detained but ultimately found not guilty, can also be understood within this legal framework.
A3. Social Compensation
Modern society produces many serious harms that cannot easily be attributed to unlawful state action and do not fit neatly into the idea of special sacrifice for the public good. When people suffer severe disadvantage because of major risks, no-fault accidents, or highly unequal harmful situations, the State may need to create special systems of compensation based on social solidarity and risk-sharing.
A leading example is the Crime Victim Rights Protection Act, especially after its 2023 amendments, which formally defines victim compensation as a social welfare benefit. Other examples include laws providing relief for severe drug injuries, childbirth-related medical accidents, and compulsory automobile liability insurance. In these systems, the State steps in to address serious harm even where fault is limited or difficult to assign.
Quadrant A asks: When people’s rights are seriously violated, what forms of responsibility does the State assume?
B. Procedural Guarantees
Victim protection is not only about outcomes. It is also about procedural justice. Even if the State punishes the offender and secures compensation, protection is still incomplete if the victim is excluded from the process, denied information, given no meaningful opportunity to speak, or retraumatized by an unfriendly system. Quadrant B therefore focuses on the victim’s status as a central subject in judicial, administrative, and other relief procedures.
B1. Right to Information
Victims have the right to know the progress of their case, procedural schedules, relevant decisions, and the rights available to them, rather than passively waiting for notice.
B2. Right to Participate
Victims should not be treated only as witnesses. They should be recognized as procedural participants with legitimate interests in information, expression, participation, and safety.
B3. Protection from Secondary Victimization
“Secondary victimization” refers to the institutional harm victims may suffer when seeking help or participating in legal procedures because of improper treatment by state agencies, judicial processes, or professionals—for example, humiliating questioning, procedural delay, or a lack of trauma-informed care. This is different from “repeat victimization” caused by the original offender, which belongs more properly in Quadrant C.
Core laws in this quadrant include the Code of Criminal Procedure, the Citizen Judges Act, the Witness Protection Act, the Domestic Violence Prevention Act, the Sexual Assault Crime Prevention Act, and the Juvenile Delinquency Act. Together, they address whether the process itself is fair, accessible, and safe for the victim.
Quadrant B asks: What rights do victims have to protect their dignity and safety during the justice and relief process?
C. Prevention and Protection
Preventing harm from occurring, stopping it from escalating, and protecting victims from repeated harm are all essential. Depending on who bears the duty of protection, Taiwan’s legal safety nets can be understood in three different ways.
C1. Public-Private Partnership
One of the defining features of Taiwan’s victim protection system is its high degree of public-private partnership. Because the need for protective services is both large and complex, state resources alone are often insufficient. The government therefore works together with NGOs, foundations, and other third-sector organizations to build professional support networks.
Representative laws include the Domestic Violence Prevention Act, the Sexual Assault Crime Prevention Act, and the Human Trafficking Prevention Act.
C2. Corporate Responsibility and Market Regulation
When the risk of harm comes from commercial activity, market operations, or technological development, the focus shifts to how legal duties are allocated between the State and private actors. Through regulation, inspection, and compliance requirements, the law requires companies to take responsibility for preventing harm before it occurs.
Examples include rules on mass transit safety, food safety, and financial risk supervision. The goal is to reduce the likelihood that ordinary people will become victims in the first place.
C3. Public Governance
For systemic risks, natural disasters, or threats to public order that may affect society as a whole, the safety net depends more directly on intensive state governance through public power. These laws rely mainly on state administrative systems for prevention, including the Communicable Disease Control Act, the Fire Services Act, and the National Security Act.
Quadrant C asks: How can the overall risk of victimization be reduced, and how can the severity of harm be minimized?
D. Remedies and Reparations
A basic legal principle is this: where there is a right, there is a remedy. By using effective procedures to establish responsibility and by providing reparations that correspond to the harm suffered, the law addresses one of the most immediate practical concerns for every victim.
D1. Judicial Remedies
The courts provide the most basic path to relief. Depending on the nature of the case, victims may rely on substantive laws such as the Civil Code, the Criminal Code, or the State Compensation Law, and use procedural laws to bring claims for damages or challenge unlawful government action.
D2. Special Remedial Procedures
General litigation is often time-consuming and may not respond well to certain kinds of victimization. For consumer disputes, commercial infringement, special accidents, or environmental harm, the law often creates more specialized remedial mechanisms. For example, the Consumer Protection Act, the Nuclear Damage Compensation Act, and laws allowing “Citizen Suits” in environmental cases provide more suitable procedures for specific types of victims.
D3. Diverse Forms of Reparation
In Taiwan, reparation is often understood mainly as financial compensation. However, the broader concept of reparations in international human rights law provides a more complete account of how Taiwanese law actually assists victims. In practice, Taiwan’s systems go beyond money and include non-financial measures such as restoration of reputation, legal assistance, and physical and psychological rehabilitation, as seen in laws such as the Act on Promoting Transitional Justice and the Crime Victim Rights Protection Act.
These measures help victims rebuild their lives and reintegrate into society. In this sense, they are consistent with the broader international understanding of reparations.
Quadrant D asks: Through what procedures can rights be enforced, and what forms of reparations can victims receive?
IV. Looking Forward: The Future of Victim Protection
Starting from this map, we can see both the current strengths and the remaining challenges in Taiwan’s legal system for victims’ rights.
1. The law is extensive, but gaps remain
Although Taiwan’s laws cover a wide range of harms, from traditional crimes to environmental hazards, the system still does not respond strongly enough in some areas, such as emerging technology-related harms, cross-border violations, and deeper forms of structural exploitation.
2. The legal framework is complex and still needs better organization
With nearly one hundred complex laws, even legal professionals may struggle to grasp the full picture, let alone victims already living with trauma. Taiwan urgently needs to integrate these laws across different fields in order to build a truly victim-friendly legal framework.
3. Public-private partnership is strong, but resources overlap
Taiwan’s protection network is jointly built by government institutions and civil society. This is one of its strengths. But in practice, resources, responsibilities, and programs are not always well coordinated. Better institutional integration is needed to improve effectiveness.
This brings us back to the article’s opening question: Who counts as a victim in Taiwan? Looking at the full landscape of Taiwan’s laws, victims are not limited to criminal cases, nor are they passive figures waiting for sympathy. Victims are rights-holders. When rights are violated, the law should recognize that harm, and the affected person should be able to demand a response from the legal system.
That is the purpose of this map. It is not simply to organize laws. It is to help every person whose rights have been harmed better understand where they stand in Taiwan’s legal system and what paths to remedy may be available.
This is also the continuing mission of VST’s “Taiwan Practice” page: to move from abstract principles to concrete systems, and from scattered regulations to a navigable framework of knowledge. The goal is to ensure that victim protection is no longer just fragmented text in legal codes, but a public institution that can be understood, used, and continuously improved.
Appendix 1: Distribution of Legal Terminology
(1) Main terms and their distribution
- beihairen (被害人) — appears in 70 laws. Representative examples include the Criminal Code, the Civil Code, and the Crime Victim Rights Protection Act.
- shouhairen (受害人) — appears in 15 laws. Representative examples include the Drug Injury Relief Act and the Land Act.
- shouhairenmin (受害人民) — appears in 9 laws. Representative examples include the Water Pollution Control Act and the Air Pollution Control Act.
- beihairenmin (被害人民) — appears in 2 laws, namely the Constitution of the Republic of China (Taiwan) and the Soil and Groundwater Pollution Remediation Act.
- shouhaizhe (受害者) — appears in 4 laws. Representative examples include the Communicable Disease Control Act and the Housing Act.
- beihaizhe (被害者) — appears in 3 laws. Representative examples include the Act on Promoting Transitional Justice and the Maritime Act.
(2) Notes on the statistics
- These figures summarize the main statutory terms related to victims found across 95 laws currently in force.
- The statistics show the distribution of legal terminology, not a ranking of the importance or function of the laws.
- If the same law uses more than one term, it may be counted in more than one category.
- This table is a distribution count of terminology, not a mutually exclusive classification. As a result, the totals across categories do not necessarily add up to 95.
Appendix 2: Legal Classification
This appendix organizes 95 laws under the four main quadrants of the Victims’ Rights Map—A, B, C, and D—and their sub-quadrants. Some laws appear in more than one sub-quadrant because they serve multiple functions. The numbering in each sub-quadrant starts over independently.
A. State Responsibility
Constitution of the Republic of China (Taiwan) (A): Establishes the highest constitutional foundation for state compensation and institutional forms of compensation.
A1. State Compensation
- Act on Promoting Transitional Justice (A1 / D3): The State assumes responsibility for authoritarian-era wrongdoing and provides exoneration and compensation.
- State Compensation Law (A1 / D1): The State bears direct liability when harm results from unlawful acts by public officials or defects in public facilities.
- Act to Restore Victim’s Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule (A1 / D3): Provides substantive compensation and restoration of reputation for historical state wrongdoing.
- Notary Act (A1 / D1): Covers a notary’s liability for damages and the victim’s right to seek state compensation.
A2. Compensation for Special Sacrifice
- Land Act (A2): Provides compensation for special sacrifice caused by lawful expropriation or land-use restrictions.
- Criminal Compensation Act (A2): Compensates people for the loss of personal liberty caused by lawful detention when they are ultimately found not guilty.
- Compensation Act for Damage to the People Resulting from Military Service Performance of the Armed Forces (A2): Provides compensation for special sacrifice when military exercises or operations cause civilian harm.
- Communicable Disease Control Act (A2): Allows compensation claims for harm caused by vaccination.
A3. Social Compensation
- Crime Victim Rights Protection Act (A3 / D3): Provides compensation in the nature of a social welfare benefit, together with psychological support and litigation assistance.
- Rehabilitative Disposition Execution Act (A3): Allows funds to be used for crime victim compensation.
- Childbirth Accident Emergency Relief Act (A3): The State assumes no-fault risk arising from lawful childbirth-related medical care and provides social compensation.
- Compulsory Automobile Liability Insurance Act (A3): Creates a special compensation fund to ensure prompt basic coverage for the injured parties in automobile traffic accidents.
- Drug Injury Relief Act (A3): Provides institutional compensation for no-fault harm caused by the proper use of lawful drugs.
B. Procedural Guarantees
B1. Right to Information
- Code of Criminal Procedure (B1 / B2): Protects victims’ rights to information, expression, and participation in proceedings.
- Juvenile Delinquency Act (B1 / B2 / B3): Regulates victims’ participation and privacy protection in juvenile proceedings.
- Prison Act (B1): Requires consideration of, or notification regarding, victims’ views in parole review.
- Fire Services Act (B1): Allows fire victims to apply for fire certificates or fire investigation records.
B2. Right to Participate
- Code of Criminal Procedure (B1 / B2): Protects victims’ rights to information, expression, and participation in proceedings.
- Juvenile Delinquency Act (B1 / B2 / B3): Regulates victims’ participation and privacy protection in juvenile proceedings.
- Legal Aid Act (B2): Provides professional legal assistance to indigent or vulnerable victims to ensure meaningful participation in proceedings.
- Intellectual Property Case Adjudication Act (B2): Applies, mutatis mutandis, victim participation provisions from the Code of Criminal Procedure.
- Court Martial Act (B2): Protects victims’ rights to participate and make statements in military trials.
- Citizen Judges Act (B2): Protects victims’ meaningful procedural participation and right to be heard in citizen judge trials.
- Township and County-Administered City Mediation Act (B2): Provides an out-of-court dispute resolution mechanism and protects equal standing for victims.
- Immigration Act (B2): Allows foreign victims in criminal cases to continue residing in Taiwan.
B3. Freedom from Secondary Victimization
- Public Functionary Disciplinary Sanction Act (B3): Provides procedural safeguards through mandatory recusal.
- Criminal Speedy Trial Act (B3): Prevents prolonged judicial delay and protects victims from long-term procedural suffering.
- Juvenile Delinquency Act (B1 / B2 / B3): Regulates victims’ participation and privacy protection in juvenile proceedings.
- Protection of Children and Youths Welfare and Rights Act (B3 / C1): Protects child and youth victims of crime.
- Child and Youth Sexual Exploitation Prevention Act (B3 / C1): Prevents all forms of sexual exploitation of children and youth.
- Judges Act (B3): Uses evaluation and disciplinary mechanisms to prevent judges from causing secondary victimization in proceedings.
- Sexual Assault Crime Prevention Act (B3 / C1): Prevents sexual assault crimes and protects victims’ rights.
- Sexual Harassment Prevention Act (B3 / C1): Prevents sexual harassment and protects victims’ rights.
- Domestic Violence Prevention Act (B3 / C1): Prevents domestic violence and protects victims’ rights.
- Attorney Regulation Act (B3): Provides procedural safeguards through mandatory recusal in disciplinary proceedings.
- Income Tax Act (B3): Imposes confidentiality obligations on tax authorities.
- Witness Protection Act (B3): Extends witness protection rules to victims when protection is necessary.
C. Prevention and Protection
C1. Public-Private Partnership
- Human Trafficking Prevention Act (C1 / D3): Prevents human trafficking and protects victims’ rights.
- People with Disabilities Rights Protection Act (C1): Protects crime victims with disabilities.
- Protection of Children and Youths Welfare and Rights Act (B3 / C1): Protects child and youth victims of crime.
- Child and Youth Sexual Exploitation Prevention Act (B3 / C1): Prevents all forms of sexual exploitation of children and youth.
- Gender Equality in Employment Act (C1): Imposes prevention duties on employers to prevent gender-based harm in the workplace.
- Gender Equity Education Act (C1): Imposes prevention duties on schools to create a safer campus environment.
- Sexual Assault Crime Prevention Act (B3 / C1): Prevents sexual assault crimes and protects victims’ rights.
- Sexual Harassment Prevention Act (B3 / C1): Prevents sexual harassment and protects victims’ rights.
- Domestic Violence Prevention Act (B3 / C1): Prevents domestic violence and protects victims’ rights.
- Stalking and Harassment Prevention Act (C1): Allows early intervention through written warnings and protection orders to prevent serious crime.
C2. Corporate Responsibility and Market Regulation
- Regulations Governing the Administration of Real Estate Brokers (C2): Protects parties in real estate transactions and secures substitute payment rights for victims.
- Fair Trade Act (C2 / D1): Maintains market order and protects consumer interests; victims may seek punitive damages.
- Highway Act (C2): Allows victims to apply for suspension of vehicle transfer or license cancellation.
- Civil Aviation Act (C2): Regulates aviation safety standards and operator responsibility, while protecting victims’ litigation rights.
- Credit Union Act (C2): Regulates the sound operation of grassroots financial institutions; criminal proceeds should be returned to victims.
- Trust Enterprise Act (C2): Strictly regulates the independence of trust property; criminal proceeds should be returned to victims.
- Insurance Act (C2): Regulates the financial soundness of insurers and claim-payment obligations; criminal proceeds should be returned to victims.
- Consumer Protection Act (C2 / D2): Prevents unsafe products and provides special remedies such as class action procedures and punitive damages.
- Rental Housing Market Development and Regulation Act (C2): Regulates rental housing management businesses and secures substitute payment rights for victims.
- Health Food Control Act (C2): Strengthens supervision and regulation of health food; victims may seek punitive damages.
- Bills Finance Management Act (C2): Supervises money market risk; criminal proceeds should be returned to victims.
- Development of Tourism Act (C2): Develops the tourism industry and protects victims’ rights to claim under liability insurance.
- Telecommunications Act (C2): Supports sound telecommunications development and protects victims’ litigation rights.
- Telecommunications Management Act (C2): Regulates the telecommunications industry and protects victims’ litigation rights.
- Banking Act (C2): Regulates sound banking operations; criminal proceeds should be returned to victims.
- Satellite Broadcasting Act (C2): Allows victims of harmful broadcast content to seek removal, prevention of infringement, and damages through the courts.
- Securities and Exchange Act (C2): Protects investment and supports economic development; criminal proceeds should be returned to victims.
- Securities Investment Trust and Consulting Act (C2): Regulates the sound development of investment consulting services; criminal proceeds should be returned to victims, and punitive damages may be available.
C3. Public Governance
- Organization Act of the Ministry of Justice (C3): Provides the organizational legal basis for victim protection policy.
- Social Order Maintenance Act (C3): Maintains public order and requires consideration of the relationship between the offender and the victim when imposing penalties.
- National Security Act (C3): Requires confiscation of property belonging to a participating organization unless it has already been lawfully returned to victims.
- Fraud Crime Hazard Prevention Act (C3 / D3): Prevents and combats fraud-related harm and protects fraud victims.
- Road Traffic Management and Penalty Act (C3): Allows victims to seek punitive damages from automobile transport operators.
- Organized Crime Prevention Act (C3): Prevents organized crime and provides confidentiality and procedural guarantees for victims.
- Soil and Groundwater Pollution Remediation Act (C3 / D2): Requires pollution remediation and gives victims a special remedy through citizen suits.
- Water Pollution Control Act (C3 / D2): Prevents water pollution and gives victims a special remedy through citizen suits.
- Air Pollution Control Act (C3 / D2): Prevents air pollution and gives victims a special remedy through citizen suits.
- Toxic and Concerned Chemical Substances Control Act (C3 / D2): Strictly regulates chemical substances and gives victims a special remedy through citizen suits.
- Marine Pollution Control Act (C3 / D2): Prevents marine pollution and gives victims a special remedy through citizen suits.
- Waste Disposal Act (C3 / D2): Strengthens waste control and gives victims a special remedy through citizen suits.
- Marine Conservation Act (C3 / D2): Protects marine ecosystems and gives victims a special remedy through citizen suits.
- Spatial Planning Act (C3 / D2): Controls land-use risk and gives victims a special remedy through citizen suits.
- Environmental Impact Assessment Act (C3 / D2): Prevents development-related risk and gives victims a special remedy through citizen suits.
D. Remedies and Reparations
D1. Judicial Remedies
- Criminal Code of the Republic of China (D1): Provides substantive rights and remedies for crime victims.
- Fair Trade Act (C2 / D1): Maintains market order and protects consumer interests; victims may seek punitive damages.
- Notary Act (A1 / D1): Covers a notary’s liability for damages and the victim’s right to seek state compensation.
- Civil Code (D1): Provides substantive civil claims, including damages, for victims.
- Enforcement Act of Part of Obligations of the Civil Code (D1): Supports the application of substantive civil claims for victims.
- Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (D1): Determines the governing law for cross-border victims and protects access to judicial remedies.
- State Compensation Law (A1 / D1): The State bears direct liability when harm results from unlawful acts by public officials or defects in public facilities.
- Act of Punishment of the Army, Navy and Air Force (D1): Imposes judicial punishment on military personnel for disciplinary wrongdoing.
- Mutual Legal Assistance in Criminal Matters Act (D1): Respects the rights and interests of crime victims in cross-border cases.
- Communication Security and Surveillance Act (D1 / D3): Allows victims to claim appropriate compensation even for non-property damage.
- Water Act (D1): Allows victims to seek damages when wastewater or sewage harms the public or third parties.
- Mass Rapid Transit Act (D1): Provides damages, consolation payments, or medical subsidies for victims of MRT accidents.
- Railway Act (D1): Provides damages, consolation payments, or medical subsidies for victims of railway accidents.
- Personal Data Protection Act (D1): Regulates the collection, processing, and use of personal data, and provides damages and group litigation for victims.
D2. Special Remedial Procedures
- Protection Act for Traditional Intellectual Creations of Indigenous Peoples (D2): Protects traditional intellectual creations of Indigenous peoples and provides special infringement remedies.
- Consumer Protection Act (C2 / D2): Prevents unsafe products and provides special remedies such as class action procedures and punitive damages.
- Maritime Act (D2): Provides specialized damages and limitation-of-liability rules for maritime collisions and similar incidents.
- Nuclear Damage Compensation Act (D2): Establishes a special strict-liability remedy system for nuclear accidents.
- Patent Act (D2): Provides special infringement calculations and injunction-type remedies for intellectual property victims.
- Copyright Act (D2): Provides creators with specialized methods for calculating infringement damages and obtaining remedies.
- Trade Secrets Act (D2): Provides injunction-type relief and punitive damages for the theft of trade secrets.
- Soil and Groundwater Pollution Remediation Act (C3 / D2): Requires pollution remediation and gives victims a special remedy through citizen suits.
- Water Pollution Control Act (C3 / D2): Prevents water pollution and gives victims a special remedy through citizen suits.
- Air Pollution Control Act (C3 / D2): Prevents air pollution and gives victims a special remedy through citizen suits.
- Toxic and Concerned Chemical Substances Control Act (C3 / D2): Strictly regulates chemical substances and gives victims a special remedy through citizen suits.
- Marine Pollution Control Act (C3 / D2): Prevents marine pollution and gives victims a special remedy through citizen suits.
- Waste Disposal Act (C3 / D2): Strengthens waste control and gives victims a special remedy through citizen suits.
- Marine Conservation Act (C3 / D2): Protects marine ecosystems and gives victims a special remedy through citizen suits.
- Spatial Planning Act (C3 / D2): Controls land-use risk and gives victims a special remedy through citizen suits.
- Environmental Impact Assessment Act (C3 / D2): Prevents development-related risk and gives victims a special remedy through citizen suits.
D3. Diverse Forms of Reparation
- Human Trafficking Prevention Act (C1 / D3): Prevents human trafficking and protects victims’ rights.
- Civil Service Examinations Act (D3): Imposes administrative discipline on unlawful public officials.
- Crime Victim Rights Protection Act (A3 / D3): Provides compensation in the nature of a social welfare benefit, together with psychological support and litigation assistance.
- Act on Promoting Transitional Justice (A1 / D3): The State assumes responsibility for authoritarian-era wrongdoing and provides exoneration and compensation.
- Act to Restore Victim’s Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule (A1 / D3): Provides substantive compensation and restoration of reputation for historical state wrongdoing.
- Detention Act (D3): Supports the implementation of restorative justice.
- Communication Security and Surveillance Act (D1 / D3): Allows victims whose reputation has been harmed to seek appropriate measures for restoration of reputation.
- Housing Act (D3): Recognizes victims of domestic violence or sexual assault as eligible vulnerable groups for social housing.
- Employment Service Act (D3): Allows victims of domestic violence to receive relevant allowances or subsidies.
- Mental Health Act (D3): Provides mental health promotion, medical assistance, and referral services for crime victims.
- Fraud Crime Hazard Prevention Act (C3 / D3): Prevents and combats fraud-related harm and protects fraud victims.
Appendix 3: Alphabetical Legal Index
This appendix lists the 95 laws in alphabetical order as a practical reference tool. If you already know the English name of a specific law, you can use this index to quickly identify the relevant victims’ rights quadrant and its main protective function. This appendix is designed as a navigation aid, helping readers move more easily between individual laws and the broader structure of the Victims’ Rights Map.
- Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (D1): Determines the governing law for cross-border victims and protects access to judicial remedies in Taiwan.
- Act to Restore Victim’s Rights Infringed by Illegal Acts of the State During the Period of Authoritarian Rule (A1 / D3): Provides substantive compensation and restoration of reputation for historical state wrongdoing.
- Act of Punishment of the Army, Navy and Air Force (D1): Imposes judicial punishment on military personnel for disciplinary wrongdoing.
- Act on Promoting Transitional Justice (A1 / D3): The State assumes responsibility for authoritarian-era wrongdoing and provides exoneration and compensation.
- Air Pollution Control Act (C3 / D2): Prevents air pollution and gives victims a special remedy through citizen suits.
- Attorney Regulation Act (B3): Provides procedural safeguards through mandatory recusal in disciplinary proceedings.
- Banking Act (C2): Regulates sound banking operations; criminal proceeds should be returned to victims.
- Bills Finance Management Act (C2): Supervises money market risk; criminal proceeds should be returned to victims.
- Child and Youth Sexual Exploitation Prevention Act (B3 / C1): Prevents all forms of sexual exploitation of children and youth.
- Childbirth Accident Emergency Relief Act (A3): The State assumes no-fault risk arising from lawful childbirth-related medical care and provides social compensation.
- Citizen Judges Act (B2): Protects victims’ meaningful procedural participation and right to be heard in citizen judge trials.
- Civil Aviation Act (C2): Regulates aviation safety standards and operator responsibility, while protecting victims’ litigation rights.
- Civil Code (D1): Provides substantive civil claims, including damages, for victims.
- Civil Service Examinations Act (D3): Imposes administrative discipline on unlawful public officials.
- Code of Criminal Procedure (B1 / B2): Protects victims’ rights to information, expression, and participation in proceedings.
- Communication Security and Surveillance Act (D1 / D3): Allows victims to seek compensation for non-property damage and to request appropriate measures to restore their reputation.
- Communicable Disease Control Act (A2): Allows compensation claims for harm caused by vaccination.
- Compensation Act for Damage to the People Resulting from Military Service Performance of the Armed Forces (A2): Provides compensation for special sacrifice when military exercises or operations cause civilian harm.
- Compulsory Automobile Liability Insurance Act (A3): Creates a special compensation fund to spread the risk of no-fault traffic accident harm.
- Constitution of the Republic of China (Taiwan) (A): Establishes the highest constitutional foundation for state compensation and institutional forms of compensation.
- Consumer Protection Act (C2 / D2): Prevents unsafe products and provides special remedies such as class action procedures and punitive damages.
- Copyright Act (D2): Provides creators with specialized methods for calculating infringement damages and obtaining remedies.
- Court Martial Act (B2): Protects victims’ rights to participate and make statements in military trials.
- Credit Union Act (C2): Regulates the sound operation of grassroots financial institutions; criminal proceeds should be returned to victims.
- Crime Victim Rights Protection Act (A3 / D3): Provides compensation in the nature of a social welfare benefit, together with psychological support and litigation assistance.
- Criminal Code of the Republic of China (D1): Provides substantive rights and remedies for crime victims.
- Criminal Compensation Act (A2): Compensates people for the loss of personal liberty caused by lawful detention when they are ultimately found not guilty.
- Criminal Speedy Trial Act (B3): Prevents prolonged judicial delay and protects victims from long-term procedural suffering.
- Detention Act (D3): Supports the implementation of restorative justice.
- Development of Tourism Act (C2): Develops the tourism industry and protects victims’ rights to claim under liability insurance.
- Domestic Violence Prevention Act (B3 / C1): Prevents domestic violence and protects victims’ rights.
- Drug Injury Relief Act (A3): Provides institutional compensation for no-fault harm caused by the proper use of lawful drugs.
- Employment Service Act (D3): Allows victims of domestic violence to receive relevant allowances or subsidies.
- Enforcement Act of Part of Obligations of the Civil Code (D1): Supports the application of substantive civil claims for victims.
- Environmental Impact Assessment Act (C3 / D2): Prevents development-related risk and gives victims a special remedy through citizen suits.
- Fair Trade Act (C2 / D1): Maintains market order and protects consumer interests; victims may seek punitive damages.
- Fire Services Act (B1): Allows fire victims to apply for fire certificates or fire investigation records.
- Fraud Crime Hazard Prevention Act (C3 / D3): Prevents and combats fraud-related harm and protects fraud victims.
- Gender Equality in Employment Act (C1): Imposes prevention duties on employers to prevent gender-based harm in the workplace.
- Gender Equity Education Act (C1): Imposes prevention duties on schools to create a safer campus environment.
- Health Food Control Act (C2): Strengthens supervision and regulation of health food; victims may seek punitive damages.
- Highway Act (C2): Allows victims to apply for suspension of vehicle transfer or license cancellation.
- Housing Act (D3): Recognizes victims of domestic violence or sexual assault as eligible vulnerable groups for social housing.
- Human Trafficking Prevention Act (C1 / D3): Prevents human trafficking and protects victims’ rights.
- Immigration Act (B2): Allows foreign victims in criminal cases to continue residing in Taiwan.
- Income Tax Act (B3): Imposes confidentiality obligations on tax authorities.
- Insurance Act (C2): Regulates the financial soundness of insurers and claim-payment obligations; criminal proceeds should be returned to victims.
- Intellectual Property Case Adjudication Act (B2): Applies, mutatis mutandis, victim participation provisions from the Code of Criminal Procedure.
- Mutual Legal Assistance in Criminal Matters Act (D1): Respects the rights and interests of crime victims in cross-border cases.
- Judges Act (B3): Uses evaluation and disciplinary mechanisms to prevent judges from causing secondary victimization in proceedings.
- Juvenile Delinquency Act (B1 / B2 / B3): Regulates victims’ participation and privacy protection in juvenile proceedings.
- Land Act (A2): Provides compensation for special sacrifice caused by lawful expropriation or land-use restrictions.
- Legal Aid Act (B2): Provides professional legal assistance to vulnerable victims to ensure meaningful participation in proceedings.
- Marine Conservation Act (C3 / D2): Protects marine ecosystems and gives victims a special remedy through citizen suits.
- Marine Pollution Control Act (C3 / D2): Prevents marine pollution and gives victims a special remedy through citizen suits.
- Maritime Act (D2): Provides specialized damages and limitation-of-liability rules for maritime collisions and similar incidents.
- Mass Rapid Transit Act (D1): Provides damages, consolation payments, or medical subsidies for victims of MRT accidents.
- Mental Health Act (D3): Provides mental health promotion, medical assistance, and referral services for crime victims.
- National Security Act (C3): Requires confiscation of property belonging to a participating organization unless it has already been lawfully returned to victims.
- Spatial Planning Act (C3 / D2): Controls land-use risk and gives victims a special remedy through citizen suits.
- Notary Act (A1 / D1): Covers a notary’s liability for damages and the victim’s right to seek state compensation.
- Nuclear Damage Compensation Act (D2): Establishes a special strict-liability remedy system for nuclear accidents.
- Organization Act of the Ministry of Justice (C3): Provides the organizational legal basis for victim protection policy.
- Organized Crime Prevention Act (C3): Prevents organized crime and provides confidentiality and procedural guarantees for victims.
- Patent Act (D2): Provides special infringement calculations and injunction-type remedies for intellectual property victims.
- People with Disabilities Rights Protection Act (C1): Protects crime victims with disabilities.
- Personal Data Protection Act (D1): Regulates the collection, processing, and use of personal data, and provides damages and group litigation for victims.
- Prison Act (B1): Requires consideration of, or notification regarding, victims’ views in parole review.
- Protection Act for Traditional Intellectual Creations of Indigenous Peoples (D2): Provides special infringement remedies when Indigenous traditional intellectual creations are misappropriated.
- Protection of Children and Youths Welfare and Rights Act (B3 / C1): Protects child and youth victims of crime.
- Public Functionary Disciplinary Sanction Act (B3): Provides procedural safeguards through mandatory recusal.
- Railway Act (D1): Provides damages, consolation payments, or medical subsidies for victims of railway accidents.
- Regulations Governing the Administration of Real Estate Brokers (C2): Protects parties in real estate transactions and secures substitute payment rights for victims.
- Rehabilitative Disposition Execution Act (A3): Allows funds to be used for crime victim compensation.
- Rental Housing Market Development and Regulation Act (C2): Regulates rental housing management businesses and secures substitute payment rights for victims.
- Road Traffic Management and Penalty Act (C3): Allows victims to seek punitive damages from automobile transport operators.
- Satellite Broadcasting Act (C2): Allows victims of harmful broadcast content to seek removal, prevention of infringement, and damages through the courts.
- Securities and Exchange Act (C2): Protects investment and supports economic development; criminal proceeds should be returned to victims.
- Securities Investment Trust and Consulting Act (C2): Regulates the sound development of investment consulting services; criminal proceeds should be returned to victims, and punitive damages may be available.
- Sexual Assault Crime Prevention Act (B3 / C1): Prevents sexual assault crimes and protects victims’ rights.
- Sexual Harassment Prevention Act (B3 / C1): Prevents sexual harassment and protects victims’ rights.
- Social Order Maintenance Act (C3): Maintains public order and requires consideration of the relationship between the offender and the victim when imposing penalties.
- Soil and Groundwater Pollution Remediation Act (C3 / D2): Requires pollution remediation and gives victims a special remedy through citizen suits.
- Stalking and Harassment Prevention Act (C1): Allows early intervention through written warnings and protection orders to prevent serious crime.
- State Compensation Law (A1 / D1): The State bears direct liability when harm results from unlawful acts by public officials or defects in public facilities.
- Telecommunications Act (C2): Supports sound telecommunications development and protects victims’ litigation rights.
- Telecommunications Management Act (C2): Regulates the telecommunications industry and protects victims’ litigation rights.
- Township and County-Administered City Mediation Act (B2): Provides an out-of-court dispute resolution mechanism and protects equal standing for victims.
- Toxic and Concerned Chemical Substances Control Act (C3 / D2): Strictly regulates chemical substances and gives victims a special remedy through citizen suits.
- Trade Secrets Act (D2): Provides injunction-type relief and punitive damages for the theft of trade secrets.
- Trust Enterprise Act (C2): Strictly regulates the independence of trust property; criminal proceeds should be returned to victims.
- Waste Disposal Act (C3 / D2): Strengthens waste control and gives victims a special remedy through citizen suits.
- Water Act (D1): Allows victims to seek damages when wastewater or sewage harms the public or third parties.
- Water Pollution Control Act (C3 / D2): Prevents water pollution and gives victims a special remedy through citizen suits.
- Witness Protection Act (B3): Extends witness protection rules to victims when protection is necessary.
Footnotes
1. Lee, Chien-Liang, “Comparative Negligence and State Responsibility: Toward an Integrated Understanding and Systematic Construction of Legal Terminology, Concepts, and Principles,” in Administrative Regulation and Administrative Litigation 2019, Academia Sinica Institute of Law Book Series (7), December 2023, p. 295; see also note 12 of that article.