THE SYSTEM OF PERFORMANCE EVALUATION FOR THE JUDGES IN REPUBLIC OF CHINA ON TAIWAN- FOCUS ON THE ADJUDICATIVE BEHAVIORS OF JUDGES
Date Issued
2006
Date
2006
Author(s)
Huang, Juei-Hwa
DOI
zh-TW
Abstract
The subject of this research dissertation is about the system of performance evaluation for the judges in Republic of China on Taiwan. The core of this research will focus on the adjudicative behaviors of judges. The objective of this research is to establish a set of practical and effective method to evaluate the performance of the judges’ adjudicative behaviors as well as a weighted index with which to generate information that can serve as a basis for the judges’ self-improvement. Ultimately, we hope that as a direct result of the performance evaluation system, the adjudicative behaviors of judges will conform more closely with the adjudicative power that the people has bestowed upon the judges as well as society’s expectation of the judiciary. Concurrently, the judicial performance evaluation system will be provided to the Judicial Yuan as a basis to institute enhancement measures and related strategies regarding personnel system affecting judges so that the constitutional design for judicial agency could be materialized in terms of being a guarantor that assures the protection of civil rights, while serving its check-and-balance function vis-à-vis the Legislative Yuan and the Executive Yuan, and implementing the national penal system. The specific statistical data that is garnered from the performance evaluation of the courts can be used to demonstrate and justify to the Legislative Yuan, the press and the public at-large about the results in implementing the judicial budgets. At the same time, the judicial performance system can be used to change and overcome the public’s assessment of judicial credibility based on “rigid stereotypical impression of the courts” or their “outdated experience with the courts” so that the collective efforts of the judges would receive the society assessment that they rightfully deserve and that the position of “judges” would receive the public’s affirmation and respect.
The first chapter of this research dissertation will be the Introductory Preface, explaining about the motivation behind this research project, the general direction as well as the scope and limitation of this research.
The second chapter will be a bibliography, introducing the significant meaning of performance evaluation and the performance evaluation system in the context of enterprise organizations and governmental administrative agencies.
The third chapter will introduce the “ABA Model Code of Judicial Conduct” that was established by the American Bar Association which provides minimum standards of conduct with which all judges must comply. At the same time, the research will compare as reference the actual efforts in judicial performance evaluation of various American states, including Arizona State (performance review standard for judges’ determination of issues of facts), Delaware State (performance evaluation by the Family Court), Utah State (the selection and assessment review), New Hampshire State (judicial performance review, annual reports on the implementation plan of the judicial performance evaluation), Nevada State (the 2004 and 2006 results of Clark County’s judicial performance evaluation survey), etc. Then, after organizing all the information present, a conclusion will be drawn regarding the main methods of judicial performance evaluation and its weighted index.
The fourth chapter will introduce the current method that Taiwan uses in judicial performance review as its weighted index, and the letter announcement issued by the Judicial Yuan, the High Court and other levels of courts regarding the managing/auditing of adjudicative behaviors. A comparison will then be drawn between the U.S. system and the Taiwan system for the purpose of understanding deficient areas in the Taiwan system of judicial performance evaluation as well as the exemplary areas in the U.S. system that is worthy of Taiwan’s emulation.
The fifth chapter will draw on the introductory content from chapters two, three and four. Balance Scorecards and Benchmarking will be used to draft the strategic target for the judicial performance evaluation system of Taiwan, performance evaluation index and the related action plan for reaching these organizational objectives, in an attempt to propose solution plan to the implementation of judicial performance evaluation in Taiwan. The ultimate purpose of all this research study is to help the judges in Taiwan reach the target set by the Judicial Yuan, as part of the mission of an agency promulgated by the Constitution, and win the public’s trust toward our judicial system.
Subjects
績效評估制度
績效評估方法
策略目標
績效衡量指標
行動方案(策略)
司法公信力
法官績效衡量問卷調查
平衡計分卡
標竿學習
Performance Evaluation System
Performance Evaluation Methods
Strategic Goal
Performance Evaluation Index
Action Plan (Strategies)
Judicial Credibility
Judicial Performance Evaluation Survey Inquiry
Balance Scorecard
Benchmarking
SDGs
Type
other
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