The study of the Jury System：The Policy And Legislation Of Military Personnel Assigned As The Member Of Military Judge At Courts-martial.

• Main Authors: Wang,Tien-Yu, 王天宇
• Other Authors: Chen,Chien-Min
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/99433880977908588782

碩士 === 國防大學國防管理學院 === 法律研究所 === 97 === A survey made by scholar revealed that people loses their faith in the existing justice system. Therefore, the Nation Judicial Reform Conference approved a resolution to allow citizen to participate in the member of judge in order to achieve the philosophy of Nation sovereignty and the democratization of Judiciary system. As the reforming of the military jurisdiction, that non-JAG officer to join the member of military judge conducting the courts-martial had been omitted. The jury system has being practiced for years in other countries and that have been an important channel for civilians to participate in judiciary system. As the viewpoint of comparative law, it is conflict to have jury system in Continental law. However, it is much helpful and valuable for us to examine the advantages and disadvantages of the jury system. As " the value of friendly counsel”(出自林語堂英漢詞典), this article tries to analyze the military personnel join the member of courts-martial in common law and to provide the reference for Taiwan to construct such judicial system in military.