| Summary: | 碩士 === 國立中正大學 === 法律系研究所 === 104 === This is the trend in the world that having lay persons to participate in the judicial system. Different systems have been established under different cultures and societies such as Jury System in England and in the U.S.A., or Assessor System adopted by France and by Germany. In recent years, the Lay Participation System and Citizen Judge System have also been executed in Asia countries such as South Korea and Japan. Due to some judicial verdicts did not meet the social expectations and lead into people’s distrust of the criminal justice and administration of justice, in order to have the judge’s decisions to be closer to general concepts of the society, the Judicial Yuan is now elaborating Advisory Assessor System to allow people participate in the criminal trials.
It seems to ignore the relevance of the people’s participation in the trial and the practicing of democracy due to the objective of the Statute on the Pilot Implementation of the Advisory Assessor System in Trial (Draft) do not emphasize on the democratization of justice, but focus on improving people’s trust and understanding in it. As more opinions from people get involved into the criminal trials, a certain degree of democratization of justice will be achieved. Furthermore, due to it only exists a thin line between democratization and populism, advanced studies should be conducted in regarding to the relationship between the true reason of people’s distrust of judiciary system and Penal Populism currently expanded in countries such as grueling criminal policy, the rise of the movement of the victims, reactionaries of experts’ decisions, panics among the population caused by sensational crime stories from medias.
The implementation of the Advisory Assessor System aims to avoid populist ideas and to bring people into proper concepts and feelings of law. This research attempts to prevent the statute of the Advisory Assessor System from being affected by improper populism by observing if irrational situations caused from populism occurred in moot court of Chiayi District Court, and finally to bring out the concept of Deliberative Court by applying the theory of Deliberative Democracy and to finalize a collective judgment from public forums consisting professional judges and general population under sincere dialogues, sufficient discussions, effective communications and truly sharing. Deliberative discussions in tribunal court will be an excellent solution to avoid Penal Populism getting into criminal trials.
|
|---|
