The Personnel System of Judges from Judicial Independence Opinion

• Main Authors: Kuang-Jung Lin, 林光榮
• Other Authors: 陳淑芳
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/67811167543634298093

碩士 === 淡江大學 === 公共行政學系公共政策碩士班 === 94 === In accordance with the provisions of Article 80 of the Constitution of the Republic of China., Judges shall hold trials independently. Also, as promulgated pursuant to Article 81, judges shall exercise independence of post, free from any interference. Judges shall abide by the law in their conscientious judgments to ensure citizens are given the right to equal and fair trials, thus, achieving the purpose of judicial justice. The topic in this text covers “The Personnel System of Judges from Judicial Independence Opinion.” i.e. with “judicial independence” as the fundamental theory established, characteristics of the present personnel system of Judges have been declared and compared to other foreign systems. Practical reviews and in-depth discussions have been conducted on the content of the personnel system of Judges and the “Judge Law Draft” as proposed by the Judicial Yuan of the Republic of China. Finally, a concrete conclusion has been drawn to anticipate a more integrated personnel system of Judges and contribute to law reform. This text is divided into six chapters summarized as follows: Chapter one- preface: It includes study motive, objective, study method, scope, setup and limitation. Discussions are made on related bibliographies. Chapter two- The construction of fundamental theories of the personnel system of Judges, i.e. explaining the concepts of jurisdiction (the right to explain and apply the law), and stating the relationship between judicial independence and the personnel system of Judges. Chapter three- It includes analysis on the role and nature of post as judge; with this as study objective, the personnel system of Judges is categorized to provide an understanding of the actual implicative significances of judge and the origin of the personnel system of Judges. Chapter four- It is the discussion of the present personnel system of Judges, i.e. explanations on appointment; pay; performance appraisal; impeachment; and disciplinary systems. Then, through existing conditions of practical operations, an overall judicial body system has been inspected and assessed. In order to derive at a more complete system, comparisons were made with foreign personnel system of Judges of Germany and the U.S.A with the hope that a better blueprint of the judicial body system can be constructed in our country. Chapter five- It is the analysis and review of the content of personnel system of Judges law related drafts, i.e. the parts of the personnel system of Judges in the contents of judicial officer/body of nominee amendment draft and Judge Law Draft Articles. Discussions are also made on the contents of such drafts. Chapter six - Conclusion: Under related fundamental theory setup, through discussions on practical operations, and extractions of positive sections of foreign personnel system of Judges, recommendations have been made with respect to judge appointment, pay; performance appraisal; impeachment; and disciplinary measures, which also serve as the concluding statement of this text