| Summary: | 碩士 === 開南大學 === 法律學系 === 103 === Abstract
With regard to unified legal opinion, the handling mechanism to avoid judicial disparity in the Supreme Court of the Republic of China is primarily based on resolution and precedent systems. The resolution system is in the form of the Supreme Court Justices’ conference and not in the form of a “court,” so while the resolution made is sometimes not based on the facts of individual cases and always expands or limits the original intention of the legislator, it is in danger of violating legislative power and going against the principle of separation of powers. In addition, although the “judicial precedent” generated by resolution is chosen among all the judgments by merit, it is only displayed as a “summary” after selection, even with modifications to the original judicial text, which in turn requires the lower courts to comply with the “judicial precedent” during judgment. This interferes with the independent judgment of the judges. The forced reference to judicial precedents that are obsolete or outdated may affect the interests of the people.
For this reason, the Judicial Yuan proposed the use of Grand Chambers to replace resolution and judicial precedents as a handling mechanism for unified legal opinion and to avoid judicial disparity, while also revising the Court Organization Act to obtain legal basis. Its operations and procedures will be based on the Grand Chamber system in other countries, such as Germany and Japan, including the composition of the Grand Chamber, consultation and proposal requirements, presentation of oral arguments, and participation of academics and experts.
Moreover, legislators and legal scholars have also put forward relevant versions of legal amendments that will be dealt with jointly by the legislative council. This paper investigates the correlation of the contents related to the Grand Chamber draft amendments by the Judicial Yuan and proposes recommendations for legal amendments.
|
|---|
