Abstract
The long-term development of a democratic country stems from the establishment of a civil society. The substance and functional mechanisms of a democratic system are very closely connected with the state of the legal system. When the law rests on a basis of democracy, democratic legitimacy underpins the legality of the source of the country's power. In contrast, when the law and democracy have an equivalent relationship, especially under the influence of today's international social consensus and the growing human rights consciousness and social modernization, in the developmental process of the constitutional system, with regard to the people's fundamental rights, the quality of the judicial system and the law will determine the country's ability to realize a modern welfare state and reveal the objective value of a civil society with regard to human dignity; we can then deduce the reasonableness the judicial system must show in the face of objective conditions, which is the basis for the judicial system to represent judicial justice and judicial authority.
Taiwan's judicial system has undergone extremely rapid reforms in recent years. The judicial system's interpretation of constitutional principles has led to clear acknowledgement that violations of the principle of equal protection by human rights values and rights and protections suggest that the law is inadequate. This confirms the equal basis of human dignity and rights. In particular, it is necessary to construct a trial system and suit procedures befitting a democratic society. The Judicial Yuan started holding judicial reform committee conferences and national judicial reform conferences in 1993. These conferences brought judicial, prosecutorial, defense, and academic personnel together for far-ranging discussions. The conclusions of the conferences, along with specific reform measures and their timetables, will help meet the challenges of the new century and accelerate judicial reform. A pyramid-shaped suit system and court organization will realize the Judicial Yuan's role as the highest judicial agency and achieve the constitutional intent of institutionalizing the trial system. The three-stage reform framework calls for the merger of agencies and revision of laws. The reforms will also entail the transformation of a "diverse, multi-track" system into a "unified, single-track" system. After the third stage has been completed in 2010, the judicial system will have an all new look, and will be ready to safeguard the people's judicial beneficiary rights.
The main purpose of this study is to explore the major changes undergone by Taiwan's judicial system in recent years. These include the change in criminal suit procedures from the traditional inquisitorial system to the improved adversarial system, which serves to strengthen protection of defendants' fundamental human rights. The thorough implementation of the assumption of innocence conforms to the world's trend towards protection of human rights. The institution of a speedy trial system improves trial efficiency. Strengthening the factual review function of the first instance, changing the purpose of the second instance to subsequent review, the use of the third instance for strict legal review, the adoption of a appeal permit system, and various systematic reforms have truly meaningful. In a time of progressive democratic reforms, the practice of law must be comprehensive, feasible, and appropriate if overall reforms are to be completed. Judicial reform can strengthen maintenance of the constitutional order and the protection of fundamental human rights.
Keywords: judicial system, trial system, human dignity, fundamental human rights, adversarial system, inquisitorial system
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0221105-121757 |
| Date | 21 February 2005 |
| Creators | Chien, Hwa-jinq |
| Contributors | none, none, Shyu, J.R |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0221105-121757 |
| Rights | unrestricted, Copyright information available at source archive |
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