2012年10月30日 星期二

The Committee for Evaluation of Judicial Role-Play Reform under the Judicial Yuan Held first Meeting

The Committee for Evaluation of Judicial Role-Play Reform under the Judicial Yuan Held Its First Meeting. The Committee Reviewed Three Major Issues, Including Whether the Judicial Yuan Annexes the Roles of Judicial Administration and Trial Judgments is Appropriate or not. The Evaluation is Expected to be Completed in May. 

To evaluate the effectiveness of judicial role-play reform concerning institutionalized trial judgments of the Judicial Yuan concluded in the meeting of national judicial reform in 1999. The Judicial Yuan invited various representatives and directors of relevant divisions of the Judicial Yuan to form “the Committee for Evaluation of Judicial Role-Play Reform under the Judicial Yuan.” Vice President-in-Law Su, Yung-Chin presided over the first meeting in person on the 14th of February. 

Through enthusiastic discussions, participating members of the committee reached a consensus over the evaluation process, and acknowledged that the past judicial role-play reform was based on the understandings of the issues “the justice overrides trial judgments,” “current system does not accord with the essence of the Constitution” and “the legal interpretations of the final trial courts do not accord with each other.” Also, the committee agreed to push forward the reform philosophy of institutionalized trial judgments and a pyramidal judicial system. Since the resistance remains tough, no completion timetable of the reform can be anticipated. Moreover, whether the reform philosophy and measures go beyond the aforementioned issues and whether it imposes a major impact on our national judicial system requires new review and evaluation. The chairman, taking account of the comments of the participating members generalized three major pending issues concerning past judicial role-play reform philosophy, including:
(1) Whether the Judicial Yuan annexes the roles of judicial administration and trial judgments is appropriate or not?
(2) If uni-roleplay reform under single track is adopted, does it mean to also adopt decentralized hearings violating the Constitution?
(3) If the judicial Yuan transforms itself into “uni-roleplay under single track,” does it mean that the administrative courts of various levels shall also be incorporated into ordinary courts? Meanwhile, the chairman determined that the following meetings ought to continue to evaluate and review the understandings of these three new issues, together with continued review about the issue of the Constitutional Interpretation of Ref. No. Shih 530. The evaluation report is expected to be completed in May and subject to review and discussion of the Policy Council of the National Judicial Reform.

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