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In the 21st century, driven by knowledge economy, the unprecedented changes have transpired in the domains of politics, economy, society, technology, and culture. Governments and private sectors are confronting the challenges of globalized competition. Only by facing it with innovative concepts, attitudes, and actions can we create a new era in this dramatically changing transition.
In the international environment of the new century, all governments dedicate themselves in promoting national competition. While considering the vision of pursuing excellence, the objective of the core value of progressive innovation, the convergence of organizational, systemic, and personnel facets, as well as the strategies of reorganization, system rebuilding, education & training, and inspiration & charisma, all governments boost effectiveness holistically.
In sum, the global judicial environment of the new century emphasizes on the ideas of vision, task, and value, together with the fulfillment of innovative actions. In order to tackle with challenges of the globalized competition environment and fulfill the responsibility of monitoring the operation of jurisdiction, the Judicial Yuan aims at the vision of establishing a top judicial system and the core value of justice and professionalization. The substantial context is as follows:
1.Justice: People trust the courts based on the just judicial decisions and transparent litigation procedures. However, the judicial officials with incorruptibility and self-discipline are the requisite of justice effectuation.
2.Professionalization: Services provided by the courts shall aim at satisfying people’s needs. Only by constantly improving the organization & system of the courts and operational procedures, providing efficient & excellent services, and encouraging the judicial officials to undertake lifelong learning and participate in continuous innovation can the best quality of professionalization be assured.
Prospecting the future, in the reform governed by the idea of justice for people, only through establishing a vision of macroscopic blueprint can the enthusiasm of realizing the objectives be galvanized; only by having outstanding judicial professional teams with lifelong learning perspective can the novel and modern justice in pursuit of innovation, excellence, and service be instituted, thus can the endless stream of challenges in the knowledge economy society be surmounted. Nevertheless, the administration plan of the Judicial Yuan for this year in terms of executing the blueprint of judicial reform is elucidated below:
(1).To enhance the function of adjudication, protect the interest of the people, and preserve the constitutional order
(2).To understand the results interpreted by relevant organs and promote effectuation of the interpretations
(1).To progressively facilitate amendments of adjudication related laws and regulations in accordance with adjudication institutionalization
(2).To provide relevant information in consistence with the amendment progress when needed
(1).To enhance work effectiveness of the assistants and the relevant administrative staff in assisting case adjudication
(2).To translate and print out relevant constitutional decisions of advanced countries of the rule of law in replenishing constitution interpretation
related data
(3).To compile interpretation related data and establish complete documents for future reference
(4).To reinforce the informationization of the overall environment of the proceedings to accelerate the adjudication progress
(1).To organize the interpretation compilation and translate into foreign languages as an international outreach approach
(2).To reciprocally visit international institutions and professionals of constitution interpretation so as to increase judicial academic exchange
(3).To replenish and timely update Chinese and English versions of the exclusive website so as to publicize the achievements in constitutional
interpretation
(4).To host annual academic symposium for the mutual improvement between empirical and academic arenas
(5).To appropriately and efficiently respond to people’s pleadings so as to increase the public’s understanding of the constitution interpretation
matters
(6).To publicize functions of the constitutional court through meetings with the public
(1).To promote the centralized trial system in civil cases and truly implement the rule of strict evidence and cross-examination in criminal trials so as
to make the first instance trial focusing on trial of fact
(2).To urge and supervise the courts to adjudicate properly in civil and criminal cases and protect the public’s litigation rights
(3).To strengthen the function of determination of fact by courts of fact, carry through the principle of trial of law by courts of third instance, and
speed up the closing of serious criminal cases so as to improve the results of criminal adjudication
(4).To urge and supervise the courts of all levels to dispose properly and efficiently of cases of intellectual property rights, financial crimes, and
medical related crimes so as to protect interests of the people and attain social justice in time
(5).To urge and supervise proper adjudication on administrative litigation cases so as to fulfill the legislative objectives of the Law of Administrative
Procedure
(6).To urge and supervise proper adjudication on disciplinary cases of the civil servants, thus promote disciplinary functions so as to protect the rights
of and maintain incorruptibility of the government officials
(7).To urge the subordinate courts to dispose properly of juvenile protection cases, juvenile criminal cases, and juvenile probation cases
(8).To urge the subordinate courts to dispose properly of family cases and non-contentious cases and strengthen the handling of family cases so as to
improve family harmony and protect interests of the parties
(1).To promote civil adjudication with designated judges agreed by involving parties, expert consultation system, and automation of handling of
orders of payment
(2).To facilitate the reform plan of civil compulsory execution and communicate with insurance companies to contract liability insurance with civil
execution personnel, thus lift the morale of civil execution personnel
(3).To continue with the thematic inspections and seminars of the implementations of civil concentration hearing and new criminal procedure system
in all courts so as to analyze, evaluate, and review their implementation results
(4).To scheme out all supplementary measures and hold symposiums following the amended Criminal Law so that the spirits and context of the new
Law is well understood so as to compile the adjudicative opinions of Supreme Court as the references for the judges in the first and second
instances in smoothing the empirical practice
(5).To continue pushing for specialized judges so as to raise the quality of adjudication
(1).To facilitate affairs of civil mediation cases and improve the professional knowledge and mediation skills of the mediation committees so that the
civil disputes can be resolved promptly
(2).To supervise the District Courts to make sure they properly handle the notarization, registration, lodgment, and other non-contentious businesses
so as to advance the function of preventive judiciary and diminish sources of litigation
(3).To supervise the execution of private notaries' businesses, elect private notaries in accordance with the law, hold pre-training for the private
notaries, and assist in establishing a national union of notaries so as to elevate the qualities of notarizations
(4).To supervise and evaluate the administrative business of traffic cases, cases under the Statutes on elimination of hooligans and prevention of
organized crime and the Law of maintenance of social order
(5).To supervise subordinate District (Juvenile) Courts to make sure they truly implement the protective measures provided for by the Law
Governing the Disposition of Juvenile Cases so as to enhance the function of juvenile probation business
(6).To enhance the function of mediation on family matte litigation so as to diminish sources of litigation
(1).To continuously push forward the legislations of the Tentative Regulations of Adjudicative Participation by Experts and the Judges Law as well as
to the study and formulate the Law of Family Matters and the Organic Regulations Governing Juvenile and Family Courts for the needs of
establishment and abolishment
(2).To study and revise certain context of the Public Notarization Law and separately regulate the full-time and part-time private notaries in bringing
the binary system of the notaries into perfection
(3).To promote the legislations of the Regulations Governing Liquidation of Consumers’ Debts and its subordinate regulations so that the foundation
of the operating free market economy system can be reassured
(4).To study and formulate Regulations Governing Civilian Participated Adjudication in order to advance the democracy of judiciary and the trust of
judiciary by the people
(5).To study and revise the Code of Civil Procedure, the Law Governing Application of Laws to Civil Matters Involving Foreign Elements, the
Bankruptcy Law, the Lodgment Law, the first and second instances of the Code of Criminal Procedure, the law of Compensation for Wrongful
Detention and Execution, the Law Governing Extension of Assistance to Cases Entrusted by Foreign Courts, the Law Governing Disposition of
Juvenile Cases, the Statue of Judicial Personnel, as well as the systems of administrative procedure and disciplinary sanctions of functionaries so as
to bring these laws and systems to perfection
(6).To continuously promote and complete the legislations of Intellectual Property Rights Court Organic Act and Adjudication Act Governing
Intellectual Property Rights Cases so as to establish a procedural system appropriately protecting intellectual property rights and thus maintain our
national competition in the international society
(1).To Replenish Data and Information for Adjudication
a.To establish the enquiry system in search of patent infringement appraisal institutions in the Judicial Yuan intranet for the judges so as to raise
judges' efficiency in adjudication
b.To establish a platform for acquiring and exchanging new, specialized information so as to make effective use of sources of administrative
agencies and assist judges in their adjudication
c.To Compile a Name List of Consultation Experts and found a professional consultation team in order to provide particular consultations for
judges in certain professional cases
d.To continue the compilation of Adjudicative Manual for Civil Actions in order to expedite the publication and dispatch to judges of the courts
for adjudicative use
e.To actively study, revise, and compile the Template Manual for Criminal Adjudication Main Text and Criminal Adjudication Manual for the
judges to diminish negligence in practice and thus uplift the judiciary reputation
(2).To Hold Symposiums of Performance Studies and Law Seminars
a.To hold symposiums of performance studies and law seminars on the topics of civil matters, compulsory execution, notarization, criminal
matters, administrative actions, disciplinary matters, juvenile matters, and family matters so as to bridge the gap of differences in legal opinions,
exchange practical experiences, and replenish adjudicative capabilities
b.To continue holding symposiums on mental relaxation for judges to help extricate from work pressure so as to promote judges' physical and
mental health
(3).To Strengthen On-the-job Training
a.To hold on-the-job trainings for the civil and criminal judges in all courts
b.To hold on-the-job trainings or professional lectures for judges of administrative courts, of family courts and of juvenile courts as well as for
juvenile investigation officers, juvenile protection officers and relevant functionaries
c.To hold 2007 training for the high administrative court judges in replenishing the professional knowledge of administrative jurisprudence for
judges as well as incubating elites for high administrative court adjudication
d.To continue to hold trainings for expert judges of intellectual property rights so as to replenish the professional knowledge needed for
intellectual property rights cases
e.To hold on-the-job trainings in accordance with other study and training plans
(4).To Strengthen Pre-training
a.To hold pre-trainings for attorney transferred judges
b.To enhance the pre-trainings for judicial officials, such as law clerks and court clerks
(1).To collect relevant data as well as timely review and improve on problems of criminal human rights
(2).To formulate judicial policies on disposition of juvenile and family cases as well as protection of women's and children's rights and interests so as
to enhance the ranking of judicial human rights index
(3).To sponsor for attorney trainings in expectation of elevating attorneys’ professional capabilities and personal disposition as well as effectuating
the protection of people's litigation rights and interests
(4).To facilitate the establishment of bilingual environment in order to accommodate non-nationals in attaining resources of the courts so as to
consolidate human rights protection through judiciary function
(5).To patronize the cost of attorney’s legal aids, required by the compulsory defense cases, in the first policeman interrogation to safeguard the
litigation rights and interests of the defendant
(1).To Continuously impel and effectuate relevant law enactments regarding the orientation of the Judicial Yuan and accordingly revise relevant legal
measures and infrastructures so as to gradually complete periodic goals of the judicial reform
(2).To strengthen liaison and coordination with the Executive Yuan, the Legislative Yuan, and the Examination Yuan so as to smooth passage of
judicial budgets and bills and accelerate judicial reform
(1).Observation and Exchange
a.To observe overseas judicial systems, such as criminal appeal system and punishment guideline through designated officials
b.To observe overseas litigation systems of intellectual property rights through designated officials in contribution to our intellectual property
rights system as references
c.To observe overseas judicial systems on juvenile and family related matters through designates officials in contribution to legislative references
for juvenile and family matters
d.To attend international legal conferences, via designated officials, in facilitating international jurisprudence exchange and people-to-people
diplomacy as well as uplifting our national reputation and status in the international arena
(2).Research and Further Education
a.To actively strengthen research and development so as to continue boosting for judicial reform
b.To designate judges for advanced overseas studies and thematic researches so as to understand the foreign legal infrastructures, enhance
professional capabilities, and broaden visions
(3).Data Collection
a.To show concern about the various human rights investigations so as to elevate our level of judicial human rights
b.To reciprocally facilitate legal publication exchange across the Taiwan Strait and urge for further jurisprudence exchange
c.To actively strengthen research on the legal system of Mainland China and collect relevant legal information across the straits, as well as study,
organize and analyze the aforesaid in accordance with the needs of development of cross-strait exchange
(4).Effective Management
a.To allocate certain controls and evaluations to the courts, thus strengthen the judicature autonomy
b.To inspect properly the administrative business of the various organs of the judiciary and make annual evaluations so as to improve
judiciary effectiveness
c.To strengthen the evaluation performance according to the research and inspection matters of the directing court under jurisdiction
d.To strengthen the examination of adjudication documents of candidate judges and on-trial judges and the evaluation of service results of
judges and continue to urge and supervise all courts to truly implement self-discipline of judges so as to maintain the good image of the judges
and establish trustworthy judiciary to the public
(1).To study the feasibility and plan of establishment of a specialized court of exclusive jurisdiction over company reorganization and bankruptcy
(2).To urge and supervise on the establishment matters of the juvenile and family courts/courtrooms in all districts
(3).To plan for the establishment of a specialized court of intellectual property so as to promote judicial internationalization and enhance our
national competition
(1).To make the public understand the current status of the judicial reform, guests from all fields of the society and overseas will be invited to visit the
Judicial Yuan and the subordinate courts in observation of proceedings in court and public services; thus the subordinate courts will be in supervised
operation simultaneously
(2).To strengthen the liaison with the news media and invite judiciary reporting journalists to see the current operation of judicial practices, so that the
public will understand the current situation and movement of the judiciary through the in-depth reports as well as experience the results of the judicial
reform
(1).To properly dispose of people's petitions and the Control Yuan's investigation requests so as to increase people's understanding of adjudication
and ameliorate the judiciary image
(2).To provide detailed documents for clarification of misunderstanding to people’s petitions accepted by the Legislative Yuan
(3).To well establish a thorough legal aid system and effectuate the protection of people’s rights and interests
(4).To continuously supervise the litigation consultancy and public services provided via national single-window service center in all courts, hold
seminars for various litigation guidance and public services, promote quality of services, and reinforce propaganda so that the public understand how
to utilize the services provided by the courts
(1).To carry out the plan of inviting respected old people in the circle of law to make oral history reports so as to record the good morality and great
conduct of the old generations and set examples for the judiciary to follow
(2).To make preparations for establishing the Museum of the Judiciary in order to keep and exhibit the judicial relics so as to promote national legal
education
(3).To combine with the social and educational resources in pursuit of increasing the perspectives of legal aids provided by the courts to the public
(4).To combine with private groups for popularization of law knowledge and strengthen propagation of the rule of law in schools of all levels,
government organs as well as private groups so as to lay a solid foundation of the rule of law, and to urge courts of all levels to do the same
simultaneously
(1).Overall integration of judicial information system to help automate the offices in all levels of courts
(2).Continuous development of courtroom technology and computerization of adjudicative records
(3).Continuous replenishment of national jurisprudence database and precedent database to elevate adjudication quality
(4).Reinforcement of making the adjudicative papers accessible online, acceptance of public monitoring and consensus, and fulfillment of resource
sharing
(5).Enhancement of the use of Internet and the providing of online enquiry for judges in relation to the relevant institutional information needed for
the cases
(6).Fulfillment of the Judicial Yuan network, reinforcement of the information security management, and promotion of public services
(7).Information affairs supervision
(1).Carrying out the synthesis, coordination, liaison, and convention affairs in relation to legal institution
(2).Replenishing the Judicial Yuan data base of legal materials, such as laws and statutes, and from time to time maintaining their accuracy and
completeness, publishing on a regular basis the main reference index for the Judicial Yuan's collection of laws and regulations and frequently
compiling and arranging the researches and amendments of important laws and regulations of the Judicial Yuan
(3).Establishing and improving the data base of the original materials regarding the promulgation/announcement of laws and regulations and the
legislative history of each amendment of the articles of laws and regulations of the Judicial Yuan and publishing the compiled legislative history of
each amendment of the articles of laws and regulations of the Judicial Yuan
(4).Quickly transmitting information regarding the law and rule changes of each government institution of this country, timely hosting seminars in
relation to laws and legal institutions in appropriate timing, in order to enable the judicial function to be closely linked to modern theories/concepts of
laws and institutions or changes of laws and institutions
(5).Promoting judicial policies, laws and legal institutions and their status and development, providing on a timely basis important judicial information
such as the Interpretations of the Justices of the Constitutional Court and changes to laws, in order to enable the trial system, prosecuting system and
the academia to be simultaneously updated important judicial information
(6).Promoting the exchange of both the theories and practices in relation to judicial affairs and cooperating with the effort to promote new systems by
publishing scholastic theses/research papers of jurisprudence or judiciary related affairs for the empirical and academic references
(1).Continuously reviewing, studying, and revising judicial personnel laws and regulations in accordance with the practical needs for the institutes of
the Judicial Yuan
(2).Scrutinizing the allocation of manpower of the Judicial Yuan and each institution subordinated to the Judicial Yuan and their needs in manpower
supply, flexibly adjusting the budget for the head counts and using the manpower appropriately
(3).Recruiting excellent attorneys, prosecutors, and scholar transferred judges to expand the channels for recruitment of judges in order to elevate the
quality of judicial judgments
(4).Carefully selecting and publicly giving honors to senior excellent judges and judicial staff in order for them to become the ideal models for the
later legal participants in the judicial system
(5).Handling matters in connection with the selection, distribution, appointment/removal, examination, relocation, assignment, promotion,
examination, resignation and retirement, in order to properly meet the need of the human resource
(6).Raising the professional knowledge and skills of the human resource personnel of the Judicial Yuan and institutions subordinated to the Judicial
Yuan and strengthening the exchange of experiences, in order to improve the quality of human resource services
(7).Cooperating to promote the on-line information operation system for selection and appointment of personnel, and thoroughly implementing the
on-line networking and computerization of the functions of personnel affairs
(8).Continuously selecting and praising experienced judges with noble characteristics and incorruptible principles to show good examples of
professional judgment, personal establishment, and other accomplishments to the less experienced judges
(1).Supervising the government ethics officers in applying risk management mechanism to effectively control the ethics affairs of the government
institutes and thus capable of preventing and dealing with any occurrences; actively promoting incorruptibility against corruption to elevate the level
of trust of judiciary
(2).Reinforcing the investigation and disposition of wrongful & corruptive cases, fully implementing the examination of property declaration by the
civil servants, Rigidly disposing of those who corrupt the judicial reputation, and dedicating to protect the excellent judicial ethics
(3).Establishing safety system for the adjudication environment, reviewing and enhancing the improvement of the security measures in all subordinate
units while considering the courtroom reaching out as the core center to all other areas to cover the protection of the safety of the court, courtrooms
and judicial officials
(4).Replenishing professional capabilities of the government ethics officers and arranging on-the-job trainings to perform their job more effectively
and holistically
(1).Pursuant to the key points of the administrative plan, calculating and listing estimated annual budget for each department of the Judicial Yuan,
preparing estimated budget for division chiefs and the increase/decrease of the budget in order to properly allocate the national resources
(2).Compiling and producing the 6-month and annual financial statements respectively of the Judicial Yuan's departments and division chiefs to
express the performance of the budget execution
(3).Handling the internal review and audit on the use of the budget for the departments of the Judicial Yuan, supervising the use of the budget by the
institutions subordinated to the Judicial Yuan, overseeing and guiding the accounting affairs of the institutions subordinated to the Judicial Yuan, in
order to properly utilize judicial resources in accordance with the law
(4).Handling the appointment and removal, promotion and relocation, examination and review, award and discipline, examination, training, advanced
study, information of accounting personnel, hosting seminars in relation to accounting affairs of the Judicial Yuan and providing professional
training program for accounting personnel, in order to raise the professional quality of accounting affairs
(1).According to the judicial reform policy and in cooperation with the newly inserted laws, replenishing the judicial statistical database, promoting
informationization of judicial statistics affairs to elevate the quality of statistical work
(2).Enhancing the statistical analysis and collecting judicial statistical data from overseas to establish all judicial statistical indexes and reinforce the
judicial statistical capacity
(3).Conducting judicial satisfaction survey to understand the opinions given by the public and attorneys in terms of judicial services and affairs for the
bases of improvements of future judicial reform
(4).Handling the appointment and removal, promotion and relocation, examination and review, award and discipline and providing professional
training program for statistics personnel, in order to uplift the quality of statistics personnel
(1).Publishing pamphlets of instructions to the trial proceeding for civil matters, studies on legal questions regarding notarization (9), the model
samples of the syllabus of criminal judgments, the formats of criminal litigation documents and the methods to produce documents thereof, reference
pamphlets of criminal cases handled by judges, the 26 volume of the compilation of the key points of the judgments/decisions rendered by the
Supreme Administrative Court, the volumes 5 of the administrative procedure system analects, analects for judgment key points of the Fair Trade Act
and Government Procurement Act, and pamphlets of instructions to the trial proceedings for juvenile and family matters as public references
(2).Translating major laws and regulations governed by the Judicial Yuan into English
(3).Publishing the analects for the history of laws and regulations, Judicial Yuan and complete index of laws and regulations
(4).Publishing Judicial Weekly
(5).Publishing annual report for judicial statistics, monthly periodical for judicial statistics, and important indexes for judicial statistics
(6).Publishing the Judicial Yuan Gazette on a monthly basis
Top
The 21st century is the new century of knowledge economy, in which excellence through constant innovation is not only a common characteristic of outstanding enterprises but also a priority mission of the government for enhancing national competition power. A comprehensive survey of the global judicial environment in the new century would show that the main stream thought emphasizes the reform concept of people first and service-oriented. The objectives of most first-class judicial systems in the world are justice, professionalism, and efficiency. Through court personnel's lifelong learning, progressive improvement on court operational systems, and promotion of procedural transparency and integration, such goals as easy access to the court, good court service, and expedited quality adjudication are achieved.
Straddling the old and new century, the ROC's judicial reform inherits the tradition of adopting the Western legal system, follows the current thought of the new century, and relies on a blueprint for a new macroscopic style. Meantime, the judicial reform pays attention to the reform pulsation of advanced rule-of-law countries, responds to the urgent need of the contemporary societal changes, emphasizes the concept of humanism, and fulfils the constitution's intention to protect human rights. It is an overhaul of court structures, court procedures, and court personnel, with a view to build a new epochal system for the judiciary. The reform will be wide and deep, and therefore, extremely difficult as never before. Following is the outline of the 2006 Administration Plan of the Judicial Yuan:
a. To enhance the function of adjudication, protect the interest of the people, and preserve the constitutional order.
b. To understand the results interpretated by relevant organs and promote effectuation of the interpretations.
a. To revise laws and regulations related to court organization and push for the adjudication institutionalization.
b. To strengthen adjudication procedure and expedite case processing.
a. To enhance work efficiency of assistants and relevant administrative staff in assisting case adjudication.
b. To search and collect relevant constitutional decisions of advanced countries of the rule of law and replenish domestic and foreign library stocks.
a. To compile and translate significant interpretations into English so as to promote understanding by foreigners.
b. To collect relevant interpretations and circulate them to all circles of society in need for reference.
c. To elevate the position in the international judicial community through visitation and academic exchange internationally.
d. To replenish and update Chinese and English versions of the exclusive website so as to publicize achievements in constitutional interpretation.
To hold academic symposiums so as to meld and enhance practical and academic experiences.
a. To promote the centralized trial system in civil cases and truly implement the rule of strict evidence and cross-examination in criminal trials so as to make the first instance trial focusing on trial of fact.
b. To urge the courts to adjudicate properly in civil and criminal cases and strengthen the examination of final and conclusive judgments so as to review the deficiency and raise the quality of adjudication.
c. To strengthen the function of determination of fact by courts of fact, carry through the principle of trial of law by courts of third instance, and speed up the closing of serious criminal cases so as to improve the results of criminal adjudication.
d. To urge the courts of all levels to set up specialized divisions or designate specific judges to dispose properly and speedily of intellectual cases, financial criminal cases, and other socially conspicuous cases so as to protect interests of the people and attain social justice in time.
e. To urge for proper adjudication of administrative cases and disciplinary cases so as to fulfil the legislative objectives of the Law of Administrative Procedure and protect interests of public functionaries.
f. To urge the subordinate courts to dispose properly of juvenile protection cases, juvenile criminal cases, and juvenile probation cases.
g. To urge the subordinate courts to dispose properly of family cases and non-contentious cases and strengthen the handling of family cases so as to improve family harmony and protect interests of the parties.
a. To make a push for choice of a judge by the parties in civil procedure, expert consultation, and automation of handling of orders of payment.
b. To make a push for a renewal plan of civil compulsory execution and liability insurance for civil execution personnel so as to lift the morale of civil execution personnel.
c. To study the feasibility and plan of a single code for reorganization of companies and bankruptcy.
d. To continue with cross inspections and talks of concentration hearing in civil cases and new procedure in criminal cases so as to analyze, evaluate, and review their implementation results.
e. To cope with the operation of the revised criminal law, accompanying measures will be taken, symposiums will be held, and spirits and connotation of the new law will be publicized so as to help smooth the practice.
f. To continue pushing for specialized judges so as to raise the quality of adjudication.
a. To strengthen mediation and mechanisms of extra-judicial solutions, and push for the system of referral to mediation during litigation.
b. To promote civic auctions and clear away long-pending cases so as to protect the people's right and interest.
c. To supervize the District Courts to make sure they properly handle their notarial, registration, lodgment, and other non-contentious business so as to advance the function of preventive judiciary and diminish sources of litigation.
d. To supervise the execution of private notaries' business, select private notaries in accordance with the law, hold before-the-job seminars, and assist in establishing a national union of notaries so as to lift notarial quality.
e. To supervise and evaluate the administrative business of traffic cases, cases under the Statutes on elimination of hooligans and prevention of organized crime and the Law of maintenance of social order.
f. To supervize subordinate District (Juvenile) Courts to make sure they truly implement the protective measures provided for by the Law Governing the Disposition of Juvenile Cases so as to enhance the function of juvenile probation business.
g. To enhance the function of mediation on family matte litigation so as to diminish sources of litigation.
a. To continue with the study, drafting and enactment of the Tentative Statute on Adjudicative Participation by Experts, the Law of Family Matters, and the Judges Law so as to match up the needs of judicial reform.
b. To study and revise the Law Governing Application of Laws to Civil Matters Involving Foreign Elements, the Lodgment Law, the Law of Criminal Procedure as regards courts of second and third instances, the Law of Compensation for Wrongful Detention and Execution, the Law Governing Extension of Assistance to Cases Entrusted by Foreign Courts, the Law Governing the Disposition of Juvenile Cases, as well as the systems of administrative procedure and disciplinary sanctions of functionaries so as to bring these laws and systems to perfection.
a. To Replenish Data and Information for Adjudication
- To establish, in the Judicial Yuan intranet and for the judges, special search sections of civil appraisal organs/institutions and bankrupt reorganizations so as to raise judges' efficiency in adjudication.
- To establish a platform for acquiring and exchanging new, specialized information so as to make effective use of sources of administrative agencies and assist judges in their adjudication.
- To replenish the National Jurisprudence Database as well as the Precedents Database and strengthen the application of the internet so as to provide judges with relevant online information for adjudication.
b. To Hold Symposiums and Law Discussion Conferences
- To hold symposiums and law discussion conferences on civil matters, compulsory execution, notarization, criminal matters, disciplinary matters, juvenile matters, and family matters so as to bridge the gap of differences in legal opinions, exchange practical experiences, and replenish adjudicative abilities.
- To continue with symposiums on mental relaxation for judges to extricate from work pressure so as to promote judges' physical and mental health.
c. To Strengthen On-the-Job Study and Training
- To hold on-the-Job study and training or professional lecture and training for judges of administrative courts, family courts and juvenile courts as well as for juvenile investigation officers, juvenile protection officers and relevant functionaries.
- To hold the Fifth administrative-theory Course for Judges from High Administrative Courts so as to cultivate and train talented personnel for administrative adjudication.
- To hold other on-the-job study and training in accordance with study and training plans.
d. To Strengthen Before-the-Job Study and Training
- To hold before-the-job study and training for lawyers transferring to judgeships.
a. To collect relevant data as well as timely review and improve on problems of criminal human rights.
b. To formulate judicial policies on disposition of juvenile and family cases as well as protection of women's and children's rights and interests so as to enhance the ranking of judicial human rights index.
c. To contribute towards training lawyers so as to elevate lawyers' professional capacity and disposition and protect the people's litigation rights and interests.
a. To impel relevant law enactment regarding the orientation of the Judicial Yuan and revise relevant steps and measures so as to gradually complete stage goals of the judicial reform.
b. To strengthen liaison and coordination with the Executive Yuan, the Legislative Yuan, the Examination Yuan and the Control Yuan so as to smooth passage of judicial budgets and bills and accelerate judicial reform.
a. Observation Tours and Exchange
- To assign staff to go on overseas observation tours of judicial systems about juvenile and family matters so as to provide legislative reference for juvenile and family matters.
- To assign staff to attend international legal conferences , go on overseas observation tours, and study foreign judicial systems and adjudication so as to promote legal exchange and people-to-people diplomacy and elevate international reputation and status of our country.
b. Research and Further Education
- To actively strengthen research and development so as to continue boosting for judicial reform.
- To select and send judges to go abroad for advanced education or do research on special topics so as to understand relevant foreign legal systems, enhance their professional knowledge and capability, and broaden their viewpoints.
c. Collection of Data
- To show concern about the various human rights investigations so as to elevate our level of judicial human rights.
- To actively strengthen research on the legal system of Mainland China, push for mutual giving of law books published by the two sides of the Taiwan Strait, collect relevant legal information across the straits, as well as study, arrange and analyze the aforesaid so as to cope with needs of development of cross-strait exchange.
d. Control and Evaluation
- To inspect properly the administrative business of the various organs of the judiciary and make annual evaluations, and also to inspect and direct business of research and evaluation so as to strengthen the results of research and evaluation and improve judicial efficiency.
- To strengthen the examination of adjudication documents of candidate judges and on-trial judges and the evaluation of service results of judges and urge all the courts to truly implement self-discipline of judges so as to maintain judges' good character and moral and their spirit of respect for work.
a. To study the feasibility and plan of establishment of a specialized court of exclusive jurisdiction over company reorganization and bankruptcy.
b. To oversee preparations for establishment of the Tainan High Administrative Court and the juvenile and family courts in various districts.
c. To deliberate the establishment of a specialized court of intellectual property so as to promote judicial internationalization and enhance our national competition ability.
a. To boost for good interaction between judges, prosecutors, lawyers, and scholars, and strengthen and expand regular meetings between judges and lawyers as well as scholars so as to smooth implementation of judicial affairs.
b. To initiate invitations to the elite of every field of society and leaders of opinions to attend the regular "Symposium on Judicial Reform Participated by Every Field of Society" and receive domestic and foreign VIP's for a visit of the Judicial Yuan as well as the flow processes of adjudication and convenient measures offered to the people in the various subordinate courts so as to enable the whole people to understand the present situation of the judicial reform, and to urge all the courts to do the same simultaneously.
c. To strengthen liaison with the news media and invite court journalists to see the present situation of judicial practices so as to enable them to have deeper understanding of the general direction of the domestic judicature and the achievements of the Judicial Yuan.
a. To properly dispose of private people's petitions and the Control Yuan's investigation requests so as to dispel the people's misunderstanding of court determinations, elevate the judicial image, and truly implement the spirit of the-judiciary-for-the-people.
b. To provide detailed documentary data for the Judiciary Committee of the Legislative Yuan that accepts private people's petitions so as to establish good inter-Yuan relations.
c. To establish a perfect legal aid system and combine with social and educational sources so as to expand the level of the court's legal aid to the people.
d. To urge the courts to properly provide litigation counseling, offer convenient services, construct bilingual environments and propagate their convenient service measures.
a. To carry out the plan of inviting respected old people in the circle of law to make oral history reports so as to record the good morality and great conduct of the old generations and set examples for the judiciary to follow.
b. To make preparations to establish the Museum of the Judiciary for keeping and exhibition of judicial relics so as to promote national legal education and elevate the life quality of the people.
c. To combine with private groups for popularization of law knowledge and strengthen propagation of the rule of law in schools of all levels, government organs as well as private groups so as to lay a solid foundation of the rule of law, and to urge courts of all levels to do the same simultaneously.
a. The Judicial Yuan is conducting an overall integration of all of the judicial information systems, promoting the informational handling process for non-litigious matters, and on-line posting of the judgments and decisions to be reviewed by the public in order to implement the ideal of resources sharing.
b. continuing to promote a high-tech court environment and developing a computerized court records recording system;
c. providing and posting substantive information/materials on the Judicial Yuan's Website, enhancing the information safety management and offering greater convenience in the services to the general public;
d. constructing a digital learning environment to lift up the Judicial Yuan personnel's interests in learning, in order to improve their knowledge and capability in carrying out their job function; and
e. improving the collections in the digital library and combining the resources in the library of the Judicial Yuan with foreign and domestic legal information, in order to provide a convenient information services.
a. carrying out the function of syndication of, coordinating, liaisoning and convening meetings to handle matters relating to the law and the legal institution;
b. establishing the Judicial Yuan data base of legal materials, such as laws and statutes, and from time to time maintaining their accuracy and completeness, publishing on a regular basis the main reference index for the Judicial Yuan's collection of laws and regulations and frequently compiling and arranging the researches and amendments of important laws and regulations of the Judicial Yuan;
c. Establishing and improving the data base of the original materials regarding the promulgation/announcement of laws and regulations and the legislative history of each amendment of the articles of laws and regulations of the Judicial Yuan and publishing the compiled legislative history of each amendment of the articles of laws and regulations of the Judicial Yuan;
d. quickly transmitting information regarding the law and rule changes of each government institution of this country, timely hosting seminars in relation to laws and legal institutions in appropriate timing, in order to enable the judicial function to be closely linked to modern theories/concepts of laws and institutions or changes of laws and institutions;
e. promoting judicial policies, laws and legal institutions and their status and development, providing on a timely basis important judicial information such as the Interpretations of the Justices of the Constitutional Court and changes to laws, in order to enable the trial system, prosecuting system and the academia to be simultaneously updated important judicial information; and
f. promoting the exchange of both the theories and practices in relation to judicial affairs and cooperating with the effort to promote new systems to publish scholastic legal theses/research papers for the reference in the practice and researches.
a. re-examining the allocation of manpower of the Judicial Yuan and each institution subordinated to the Judicial Yuan and their needs in manpower supply, flexibly adjusting the budget for the head counts and using the manpower appropriately;
b. encouraging excellent senior judges to be re-located to a lower level of court and the mutual exchange of the judges in the first instance and the judges in the second instance, in order to construct a pyramid litigation system;
c. recruiting excellent scholars, lawyers, public prosecutors to be judges to expand the channels for recruitment of judges in order to raise the quality of the trial and judgments/decisions;
d. carefully selecting and publicly giving honors to senior excellent judges and judicial staff in order for them to become the ideal models for the later legal participants in the judicial system;
e. handling matters in connection with the selection, distribution, appointment/removal, relocation, assignment, promotion, examination, resignation and retirement, in order to properly meet the need of the human resource;
f. raising the professional knowledge and skills of the human resource personnel of the Judicial Yuan and institutions subordinated to the Judicial Yuan and strengthening the exchange of experiences, in order to improve the quality of human resource services;
g. cooperating to promote the on-line information operation system for selection and appointment of personnel, and thoroughly implementing the on-line networking and computerization of the functions of personnel affairs; and
h. selecting judges who have noble character and uphold incorruptible principle, in order for them to provide moral support to fellow judges and become an icon for fellow judges to learn from.
a. supervising and pushing the personnel in charge of civil service ethics to actually implement the examination and inspection on mattered refarding the civil service ethics, in order to enhance the promotion in the laws and orders regarding the civil service ethics to enable the citizens to have trust in the judicial system;
b. properly correcting judicial morality, investigating and prevention on corruption, strictly enforcing the cases involving the disgrace of judicial reputation, thoroughly executing the review on the property declaration by public servants, in order to maintain a good judicial ethics and the dignity of the justice system;
c. enhancing the alert level of the personnel, strengthening the safety of each level of the courts and the maintenance of secrecy of government mission, ensuring the safety of the institutions and personnel and preventing confidential information from leaking; and
d. handling the on-the-job training for the personnel of the civil service ethics in each institution subordinated to the Judicial Yuan, in order to lift up their professional knowledge and skills, actually implement the examination and audit on the procurement affairs of the institutions and promulgate to research and revise measures for corruption prevention.
a. calculating and listing estimated annual budge for each department of the Judicial Yuan, preparing estimated budge for division chiefs and the increase/decrease of the budge, and compiling and producing the Judicial Yuan's annual financial statements of departments and annual financial statements of division chiefs, in order to properly allocate the resources of this country;
b. handling the internal review and audit on the use of the budget for the departments of the Judicial Yuan, supervising the use of the budget by the institutions subordinated to the Judicial Yuan, overseeing and guiding the accounting affairs of the institutions subordinated to the Judicial Yuan, in order to properly utilize judicial resources in accordance with the law;
c. handling the appointment and removal, promotion and relocation, examination and review, award and discipline, examination, training, advanced study, information of accounting personnel, hosting seminars in relation to accounting affairs of the Judicial Yuan and providing professional training program for accounting personnel, in order to raise the professional quality of accounting affairs;
a. creating a rich collection for the statistics data base of the Judicial Yuan, search and collecting foreign judicial statistic data, expanding the bases for judicial statistics,;
b. strengthening the statistic analysis and survey on people's satisfaction level on the judicial system, and establishing indexes for each judicial statistic, in order to enhance the functions in the judicial statistics;
c. handling the appointment and removal, promotion and relocation, examination and review, award and discipline and providing professional training program for statistics personnel, in order to raise the professional quality of statistics personnel;
a. publishing pamphlets of instructions to the trial proceeding for civil matters, studies on legal questions regarding notarization (9), the model samples of the syllabus of criminal judgments, the formats of criminal litigation documents and the methods to produce documents thereof, reference pamphlets of criminal cases handled by judges, the 25 volume of the compilation of the key points of the judgments/decisions rendered by the Supreme Administrative Court, the compilation of key points of judgments /decisions for tax litigation, the compilation of relevant thesis regarding government functionary discipline system, the compilation of studies on popularizing the judgments/decisions to be easy to be understood, and pamphlets of instructions to the trial proceedings for juvenile and family matters, etc., in order for the reference of the public from different sectors;
b. translating major laws governed by the Judicial Yuan into English;
c. publishing the summary of major judicial statistics, monthly journal of judicial statistics and important reference indexes of judicial statistics;
d. publishing Judicial Yuan Gazette on a monthly basis.
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