A Research on the Revision of the Organic Act of Judicial Yuan

The focus of this thesis is to analyze the restructuring of the Organic Act of Judicial Yuan,in the context of the political and economic development in post-war Taiwan. The thesis takes the lifting of martial law in 1987 and the 1996 general presidential election as two historical "landmarks" which divide the post-war political and economic development of Taiwan into three phases: a period of authoritarian rule, a transitional period, and a period of democratic consolidation.And the role assigned to the judiciary during each phase is examined. Also, from this analysis of the development of the judicial system in post-war Taiwan, future reforms for the Judicial Yuan are envisioned. uring the period of authoritarian rule, the judiciary was used as a means of control. So the structure of the judicial system was disarticulated and numerous tactics were utilized to intervene in it.As the authoritarian system started to transform, whereupon the drive from within the civil society and the judicial system emerged to undergo self-examination, and to advance all types of reforms. n addition, after the start of the democratic consolidation phase, how awareness of the supremacy of citizens'' rights gradually awakened and arose. The judiciary was considered that it should genuinely function as the last line of defense for social justice and contribute to the consolidation and deepening of democracy. Every version of Judicial Yuan reform is brought up consequently. This thesis intends to make transparent, to democratize, and to professionalize the judicial system in order to reply to citizens’ demands for judicial reform and to respond to the arrival of globalization. As for the matter of economic benefit, the thesis briefly addresses a modification that, however small, nonetheless can improve the functionality of the Judicial Yuan’s organizational blueprint.