On Balance between Supervision and Judicial Independence- Review the Institution about the Supervision of Judges in Taiwan
Date Issued
2016
Date
2016
Author(s)
Hong, Wei-zhan
Abstract
Judges Act has been legislated for many years and it becomes an important legal source about the supervision of judges. Meanwhile, Judicial Yuan Interpretation number 530 lays down the principle of judicial independence and, through Theory of Core Sphere, vets whether the supervised duty is legal or not. However, what is the concept of Core Sphere Theory in trial? What cases are applicable for Sphere Theory and what are not? What is the application of this theory? These questions make Core Sphere Theory doubted. Even Justice of the Constitutional Court thinks that the supervision of judges is legal in the core sphere of trail. Obviously, these questions let theory of core sphere hardly function as a standard to vet the supervision of judges. This master’s dissertation attempts to define supervision of duties and search for its boundary. Frist, find out this boundary by maintaining social order and Theory of Core Sphere in trail. Secondly, dig deep into the categorized reasons of supervision on duty, in order to differentiate all kinds of supervision of duties and their relationship with judicial independence. Thirdly, via enumerating all kinds of supervision of duties, find out the suitable methods which may put on trial in the Court of the Judiciary. This master’s thesis hereby searches for the limit to the supervision of judges by three steps mentioned above. Besides, Judges Act regulates supervision of duties and proceedings about judgeship. It is called the Court of the Judiciary in hearing cases like disciplinary actions and supervision of duties. Therefore, through analyzing how a case moves through the Court of the Judiciary, this master’s dissertation focuses on two perspectives below. On the one hand, corresponding with the previous discussions on how to vet different types of cases concerning the supervision of duties, I employ standard of proof to identify the standard to vet supervision of duties. On the other hand, review and reflect the associating questions about the Court of the Judiciary.
Subjects
Supervision Toward Judges
Judicial Independence
The Core of Trial Theory
Judicial Regulations
Declaratory Resolution That The Affirmation Violates The Law
Type
thesis
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