Abstract
In order to make the limited manpower of judges concentrated on the core trialaffairs for the decrease or avoidance of the delay of cases, Judicial Yuan positivelypromote the Judicial Process Management System. Judicial process management isoriginally a system developed for the decrease of cases under delayed trial. Its centralthinking is that the judge will not start to intervene the trial until the case is close to thestage suitable for bringing to trial. The preparation work before that is to be positivelyhandled by a small number of judges and sufficient auxiliary manpower led by them. Asa result, the limited manpower of judges is able to concentrate their time and energy on
oyer and judgment. Hence, the cases can be rapidly under trial, alleviating the caseburden of judges. This system has changed the traditional case separation model.Therefore, as from May 1, 2007 and June 1, 2007, Kaohsiung District Court and TaoyuanDistrict Court respectively started adopting this system to conduct trial handling of civilcases and criminal cases, with a trial period lasting for two years. In view of the localityfactor, and focusing on the Judicial Process Management System applied by Kaohsiung
District Court to the handling of cases, the study just obtains materials from the localsources, and ttempts to employ the management implication to carry out this research,intending to construct a Judicial process Management System which is applicable to thecourts of Taiwan.
Attempting to start the research from the angle of management, this paper adoptsthe research methods of literature analysis method, in-depth interview method and synthetic induction method, and combines them with multiple case analysis method to
investigate and analyze the related problems. In the past, the judicial circle enormously stressed the cultivation of legal personnel and expertise, but obviously neglected the judicial administrative management. Along with the acceleration of reform steps, it is required to import administrative management system to the judicial circle. Focusing on
the current predicaments of judicial administrative management in Taiwan, including the obstruction coming from the internal personnel and the restriction of external ordinance system, the study makes the related analyses, and expects to have an insight into the problems through the improvement way of the use of the readjusted human resources. The study pays concerns for, expands and increases the functions of legal supporting staff, and establishes the handling process of the judicial cases of Taiwan and the standard process of the time limit. Apart from absorbing the experience of the international
advanced countries, the study cautiously and seriously considers the judicial culture itself
in Taiwan, as well as the merits and demerits found in the cultivation restrictions of legal personnel. These two aspects are mutually integrated, hoping to bring greater progress to the judicial management policy of Taiwan, and turn it to be more complete.
The construction of an efficient judicial institution has to be added with appropriate manpower and equipments. As observed from the experience of trial implementation of Judicial Process Management System, if it is hoped to pursue a rapid handling of cases, all the cases entering the court have to be strictly controlled, and promptly arranged to enter
the trial procedures. The judges will not start to intervene the handling of cases until it is close to the stage suitable for bringing a case to trial. The study employs the concept of corporate operation management to promote Judicial Process Management System. The cases are to be handled by means of layering of team and division of labor. Let the
human resources of the court perform the most effective distribution and use. In this way, the problems of serious accumulation of cases and poor efficiency of the trial of cases in different courts of Taiwan can be readily solved. In addition, to meet the concrete and objective conditions of the various courts of different grades in Taiwan, Judicial Process
Management System has to be redesigned to meet the judicial process and methods of the local courts. Before the appearance of more positive and effective method, Judicial Process Management System can play a significant role in the process of judicial reform.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0729108-175531 |
| Date | 29 July 2008 |
| Creators | Chiu, Ming-jeng |
| Contributors | Hsin-Hui Lin, Feng-Yang Kuo, Fen-Hui Lin |
| 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-0729108-175531 |
| Rights | unrestricted, Copyright information available at source archive |
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