Citizen Involvement in Taiwanese Criminal Procedure
| Autor: | Kai Chieh, 謝凱傑 |
|---|---|
| Rok vydání: | 2008 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 96 The motivation for this article comes from the proposed modifications to our country’ legal system, particularly the attempt to introduce a pseudo jury system into the judicial decision making process. With this article, we will attempt to answer 3 major questions: 1. The concept of citizen participation in the judicial decision making process originates from abroad; what social and cultural factors lead to its creation? And what social goals are they trying to accomplish with such a system? 2. Can citizen participation in the judicial process work in Taiwan? What social, cultural, and judicial obstacles can we expect from the introduction of such a system? Can the existing Taiwanese legal structure support such a system? 3. What advantages and shortcomings can one reasonably expect from citizen participation in the judicial decision making process? In chapter 1, we shall review past documents and treatises written on the issue of citizen participation in the judicial process. We will analyze each author’s point of view, and discuss each article’s relative strengths and weaknesses. Through this process of critical analysis, we seek an in-depth understanding of the challenges and implications citizen participation in the judicial process will bring, and offer appropriate remedies and suggestions to the potential problems whenever possible. Chapter 2 shall discuss the origins and foundational beliefs that underlie citizen participation in judicial decision making. Citizen participation is more than just another form of dispensing justice; it is a political point of view – a fundamental belief that the power to punish should not be excusive to the judges, but should be reserved to the people. A survey of the judicial systems throughout human history; from ancient Roman times, to their modern variants in Britain, the United States and Germany, suggests that citizen participation is intrinsically linked with the struggle for individual human rights and democracy. The right of citizen participation is strongest when the country is democratic and weakest when the country is a totalitarian dictatorship. Citizenship participation appeals to the general public because it reflects the community’s standards, and protects the judicial system from abuses by corrupt judges. This explains why the system has received such widespread acceptance the world over, and why no government has been able to completely abolish citizen participation, no matter how hard they try. Chapter 3 shall explore the functional aspects of the jury system in use in other countries today. What social good was served by citizen participation in the judicial decision making process? Does the system actually result in a more fair and efficient judicial process? What functional problems can Taiwan expect to face in employing this new system? And what steps did other countries take to solve these problems? In addition, how has the jury system evolved over the years? Is it largely unchanged from ancient times, or has there been a fundamental change? If there are changes, are these changes procedural or substantive in nature? Other than ensuring a fair and impartial trial, what unforeseen political, judicial, and social consequences can we expect from citizen participation? Chapter 4 shall discuss the feasibility of introducing citizen participation into the Taiwanese judicial process. Before any changes can be made, we must first analyze and understand the existing judicial system. Proponents of the jury method argues that citizen participation will improve democratic self-rule, raise people’s faith in the justice system, and ensure that rulings are in compliance with prevailing social and community standards. But what is causing the needs for these improvements in the first place? Why are people losing faith in the existing justice system? Is citizen participation the only viable alternative, or can these goals be achieved through less drastic means? Will citizen participation do more harm than good, what social, cultural, political, and economic changes must we endure to make the system work in Taiwan? Will it result in even bigger problems for us in the future? In the final chapter, we shall analyze in detail the proposed citizen participation bill currently being debated in Taiwanese parliament. We shall begin with a constitutional analysis to make sure the proposed bill is in compliance with the Taiwanese Constitution. Then we perform a side-by-side analysis of the proposed bill with existing bills in the United States, Japan, and Germany, to determine if the bill is likely to work in Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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