Overview
The Bar Examination is Taiwan's national licensing examination for lawyers. It is a higher-level professional examination run by the Ministry of Examination under the Examination Yuan, and it is governed by the Regulations for the Higher Examination for Lawyers. These notes follow the version of the regulations published in the national laws database, last amended in April 2019, so check the Ministry of Examination for later changes.
The examination is held once a year and is written only. It has two stages. Failing the first stage means you cannot sit the second, and a first-stage pass is not carried over to a later year.
Who can apply
A citizen of the Republic of China can apply by meeting any one of these conditions:
Graduating from a law-related department and holding the diploma.
Graduating from a related department after studying at least seven required legal subjects such as civil law and criminal law, with at most three credits counted per subject and at least twenty credits in total. The subjects must include civil law, criminal law, and civil or criminal procedure.
Passing the ordinary or a special examination in the judicial administration category and then working in that field for four years or more.
Passing the senior-level qualification examination in a law-related category.
Foreign nationals who meet the first two conditions, and have no disqualifying circumstances, may also take the examination. Those with the teaching background described under first-stage exemption may apply for that exemption.
Exemptions
First-stage exemption: available to people with a qualifying background who have taught law at a college or university for the required period (five years as assistant professor, three as associate professor, or two as professor, with at least three years teaching law subjects in total), and to people with qualifying credentials who served as a military judge of the equivalent rank for six years or more.
Exemption from all subjects: available to serving judges and prosecutors, and to those who worked as public defenders for six years or more. Judges and prosecutors can apply from six months before a voluntary retirement or resignation takes effect.
Exam pattern
The first stage uses multiple-choice questions. The second stage uses essay-style questions. The first stage is held together with the Judicial Officers special examination, and the same subjects use the same questions.
First stage (600 marks)
| Paper | Marks | Content and weights |
|---|---|---|
| Comprehensive Law I (3 hours) | 300 | Constitution 40, administrative law 70, criminal law 70, criminal procedure 50, public international law 20, private international law 20, legal ethics 30 |
| Comprehensive Law II (3 hours) | 300 | Civil law 100, civil procedure 60, company law 30, insurance law 20, negotiable instruments law 20, compulsory enforcement law 20, securities exchange law 20, legal English 30 |
Second stage (1,000 marks)
| Paper | Marks | Duration |
|---|---|---|
| Constitutional and administrative law | 200 | 3 hours |
| Civil law and civil procedure | 300 | 4 hours |
| Criminal law and criminal procedure | 200 | 3 hours |
| Company law, insurance law and securities exchange law | 100 | 2 hours |
| Chinese (essay) | 100 | 2 hours |
| One elective: intellectual property law, labour and social law, tax and finance law, or maritime and ocean law | 100 | 2 hours |
Statute texts are provided in the second-stage papers, except Chinese.
Marking and results
In the first stage, candidates who rank in the top 33 percent of those who sat the whole stage are selected. In the second stage, the top 33 percent of those who sat the whole stage with the same elective pass. In both stages, candidates tied at the cutoff are all selected. In the second stage, a candidate is also not passed if any paper scores zero, or if the combined marks of the papers other than Chinese and the elective fall below 400.
After the exam
Successful candidates receive a certificate from the Ministry of Examination, which also informs the Ministry of Justice. The certificate states which second-stage elective the candidate took.
Preparation tips
Note that the first stage is multiple choice across many subjects, so the weights above show where marks are concentrated: civil law and civil procedure carry the most.
Practise essay answers for the second stage, since statute texts are supplied and the papers test application rather than recall.
Choose the elective early, because the certificate records it.
Can I keep a first-stage pass for next year?
No. The regulations state that a first-stage pass is not retained, so a candidate must sit the first stage again in a later year.
Is there an oral test?
No. The regulations provide for written examinations only, in two stages.