A Study of Judges’ Role Expectation and Competence

• Main Authors: Pei-Hang Wu, 吳沛航
• Other Authors: Kai-Hung Fang
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/59345642935002474605

碩士 === 世新大學 === 行政管理學研究所(含博、碩專班) === 101 === Expectation on judge’s role and professional competence differs at different stages of social development. This study aims at understanding the development and social expectation on judge’s role, probing for the expectation and requirements of judge’s professional competence, and exploring the views of professionals with different background on judge’s role expectation and professional competence in contemporary social context. By conducting literature review, this study constructs different types of judge’s role expectation, and required professional competence for each role expectations. Based on the results of literature review, semi-structured, in-depth interviews were conducted to interview professionals from judicial branch, academia, and press. By analyzing these interviews, this study hopes to construct the expectation on judge’s role, required professional competence of judge, and views of professionals with different background on judge’s role and professional competence. Four kinds of role expectations are discovered by this study. They include law spokesman, social engineer, judiciary educator, and neutral arbitrator. This finding means that there are multiple expectations on judge’s role, and these expectations continue to diversify and expand. This study further analyzes the competence of the judge based on three categories: knowledge, skills, and attitude. Based on the findings of this study, policy recommendations are formulated to facilitate dialogue and interaction in order to reach consensus on judge’s role expectation and professional competence. On the one hand, it is hoped that the findings of this study can become a basis of specifying judge’s code of behavior. On the other hand, it is hoped that by better understanding the role expectation of judges and professional competence required, social trust toward judicial courts and their ruling can be improved.