A Study on the Necessity and Choice of Lay Participation in Criminal Trial
| Autor: | Hong-Ru Chen, 陳虹汝 |
|---|---|
| Rok vydání: | 2018 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 106 The issue of lay participation first appeared in the 1999 National Conference on Judicial Reform. It was one of the consensus that building a lay participation system would be desirable. But aftermath it had no consequence. Within the next 20 years, the judicial system found itself wining little public trust than ever before. That was due to sever factors, including: the political bios of the courts shown in some political cases; several infamous wrongful conviction cases with death penalty being explored; the judiciaries’ conservative attitude in sexual assault cases, which led to light sentence to the perpetrator, and the power abusing of the judiciaries. Under this context, the idea of building lay participation in criminal trial once again gets itself proposed and discussed. The debate going around the lay participation issue are: What does it mean by democratizing the judicial system? Is it constitutional to make common people a judge in this country? Is it plausible to make common people judging a case since he/she is just a “common” people? In this dissertation, I contend, according to the principle of national sovereignty, introducing the lay judge system into criminal justice system can make the judicial system even more legitimate concerning the democracy. I also contend, by separating the fact finding and the law controlling job, it could form a check and balance institution between the lay judge and the professional judge. I contend, through the multiple experience provided by lay judges, the fact finding work in judicial system would be better performed than relying on the elite view of professional judges. Besides, the communicating process brought about by the lay judge system could improve public reliance pertaining to the judicial system. Finally, through comparing the experiences of the United States, Germany, Japan and South Korea, as well as through an analysis on the practicability, I contend, a revised form of jury system would relatively be the desirable model for Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
| Externí odkaz: |
|