| Summary: | 碩士 === 臺灣大學 === 國家發展研究所 === 98 === The judges in Taiwan serve as permanent civil servants and their treatment are better than other civil servants with the same grade level. When they reach a certain age at the position, they could choose to receive preferential treatment with the same payment as existing staff, or to retire voluntarily with a retirement pension of 1.4 times than normal; however, this does not apply to present mandatory retirement system. As for general civil servants, there are two kinds of retirement systems- voluntary retirement system and mandatory retirement system. Apparently, there is a review space for the current system regarding to the guaranteed affairs for the judges.
This study is composed for two purposes. The first purpose aims to have a comprehensive analysis of the appointment and retirement system of judges in foreign countries in order to review the rules and practical issues of the judges in Taiwan, and to analyze the related regulations of the draft Law of Judges for reference to the authority or the legislator. The other purpose aims to provide reform proposals on the lifetime employment, preferential treatment and pension systems for the judges, in order to create a sound personnel system with regard to the retirement age and the mandatory retirement condition and to keep a balance between government, people and judges. There are three research questions provided in the study; firstly, whether it is appropriate for judges to not being applied for the mandatory retirement system; secondly, whether the lifetime employment, retirement age and the mandatory retirement conditions of judges are not against the constitution; and thirdly, the trend of preferential treatment system and the pension system of judges. The research approaches adopted in the study includes examination approach, historical approach and regulatory approach; the research methods include literature analysis and comparative research. The results of the study show that the lifetime employment of judges should meet a certain age of retirement or mandatory retirement, the function of preferential treatment for judges is declining, the practice of pension system of the judges does not apply to the regulation and the retirement related system is not being reasonable.
The study is conducted into introduction, discussion and conclusion and is consisted of sixth chapters, one in the introduction, one in the conclusion and four in the discussion. The first chapter includes an introduction with motivation, aims and purposes, research questions, literature review, research method, research structure, research process, scope of the study, research limitations and highlights. The second chapter is about the basic theory of system and the definition of concepts, including the relationship between independent judiciary and the guaranteed affairs for the judges, the lifetime employment of judges, the system of retirement theory, impartial theory, principles of equality, and the discussion of related theories and systems. The third chapter is an introduction of relevant judges’ retirement system (JRS) in America, Germany and Japan, to serve as a reference to Taiwan. In chapter four, a discussion of the JRS and the practice in Taiwan will be made, with the focus on the voluntary retirement system, the change and development of preferential treatment system and of pension system; that is, to have an analysis on the current rules and practice. In chapter five, there is an analysis on the current reform of judges’ retirement law; the highlights includes the comparison of the system in Taiwan, America, Germany and Japan, the related regulations on the draft law of RJS, and the analysis on the related issues of RJS. From the comparison, a closer review on the future reform trend could be made. In the sixth chapters , also the last chapter, a conclusion will be made for problem solutions, with the focus on research findings and suggestions to sum up the discovery of the research and to provide opinions on the reform.
Key words: Judges, Lifetime Employment, Retirement System, Pension Systems , Preferential Treatment System
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