| Summary: | 碩士 === 東吳大學 === 法律學系 === 104 === The core of this research is Guardian Ad Litem(GAL). There are 3 primary sources, namely social workers, psychologists and lawyers, for candidates of the GALs. By interviewing as qualitative research, the author had interviewed three professional social workers who served as a GAL for at least one year. From their stories we can explore, organize and represent the difficulty they had met in their work as a GAL, and attempt to explain legal issues or provide legal guidelines. Hopefully this research is able to help GALs who are insufficient in knowledge of laws when they are facing legal issues in their work.
The discussion of this thesis comes in three parts, including presentation, discussion and research of the practice, specifically:
A. Overview of the GAL
The origin of the system, the laws and regulations of GAL in Germany, United States and Taiwan. Also literature survey regarding the current criticism, issues and practice about GAL is presented in this part.
B. Comparing GAL with the other aid systems in a litigation
Before setting up of the GAL system, there exists some legal systems which can also protect the interest of vulnerable party, in procedural and substantial aspects, e.g. statutory agent, special representative, advocate and assistant during a court session. In this part, the author made a comprehensive comparison among GAL and these legal aid systems, especially in objects, functions and capacity of the systems.
C. Issues or problems in the actual work of GALs
By organizing and representing the legal issues or ambiguous matters that were mentioned in interview. The author attempts to provide opinions or guidelines in legal aspect, and explain commonly misunderstood concepts or legal wordings for GALs.
In closing, GALs who are insufficient in knowledge of laws are still facing several structural and subject factors need to be solved:
A. Low professionalism in law
B. The organization or institution which a GAL belongs to may unable to provide with the appropriate support about legal issues or problems
C. No uniform standard procedure for courts
D. Judicial Yuan act passively in operation of the system of GAL
E. Lack of real case practice in GAL training
F. No integration for current resources. Besides, the laws and regulations for GAL come in various ways including Family Act and other administrative orders.
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