Lawmakers yesterday in an extraordinary legislative session began reviewing the Judicial Yuan’s proposed bill for citizen participation in criminal court procedures and passed a second reading to rename the proposed “citizen participation in criminal trial procedures act” to the proposed “national judge act.”
The proposed lay judge system would comprise three professional judges and six citizen judges, and operate on a “joint deliberation and joint ruling” model.
Lawmakers later in a 54-18 vote approved a motion raised by the Democratic Progressive Party (DPP) caucus to continue the review meeting until midnight.
Photo: CNA
Earlier yesterday, the Judicial Yuan released a survey that showed most people were in favor of a lay judge system.
According to the poll, 72.91 percent of respondents agreed that having citizens discuss criminal trials with judges could result in verdicts that are consistent with the law and that meet people’s expectations, Judicial Yuan President Hsu Tzong-li (許宗力) said, adding that more than 80 percent approved of having professional judges attend final deliberations to decide on a ruling.
More than 94 percent of respondents said that in criminal trials using a lay judge system, the ruling should provide the reason for the verdict, while 97 percent said defendants should have the right to appeal rulings, he added.
Photo: Fang Pin-chao, Taipei Times
“The survey shows that a large majority of the public supports citizens working together with judges under the ‘joint deliberation and joint ruling’ model. In comparison, typical jury systems in principle do not allow appeals, and have no requirement to submit reasons for the verdict,” Hsu said.
“There is no perfect way, nor a most advanced judicial system. The one that can best adapt to our native environment and judicial framework, which comes closest to fulfilling people’s expectations ... is the Judicial Yuan’s lay judge system, which right now is best suited to the nation’s needs and the public’s demands,” he added.
The survey was conducted by the ERA Survey Research Center from July 10 to Tuesday last week. It collected 1,074 valid responses and has a margin of error of 3 percentage points.
However, another survey released yesterday by a group of legal reform advocates showed that 81.9 percent were in favor of a jury system, 63.2 percent supported a lay judge system and 83.4 percent backed a “twin track” proposal.
The survey was conducted by the Taiwanese Public Opinion Foundation on Monday and Tuesday last week. It gathered 1,078 valid responses and has a margin of error of 2.98 percentage points.
“The DPP government repealed its party charter by excluding the jury system and ran contrary to the prevailing views of Taiwanese. We hope lawmakers will not pass [the proposal’s] third reading,” Judicial Reform Foundation chairman Lin Yung-sung (林永頌) told a news conference.
The survey results released by the Judicial Yuan “looked like a paid promotion,” Lin said.
“The DPP often uses extraordinary legislative session to deal with major bills, as no subcommittee meetings or public hearings are held, with only lawmakers voting. This is the ruling party’s arrogance and the majority bullying the minority in the legislature,” Chinese Nationalist Party (KMT) caucus whip Lin Wei-chou (林為洲) told the same news conference.
Taiwan People’s Party Legislator Jang Chyi-lu (張其祿), who also attended the news conference, accused the DPP of using “violence of majority vote” to run roughshod over opposition parties.
“Taiwanese have pursued a jury system for more than a century. We hope the DPP can stop its actions, as it should not force through a bill during the current session without a full deliberation process,” New Power Party caucus whip Chiu Hsien-chih (邱顯智) said.
Additional reporting by Hsieh Chun-lin
GOOD DIPLOMACY: The KMT has maintained close contact with representative offices in Taiwan and had extended an invitation to Russia as well, the KMT said The Chinese Nationalist Party (KMT) would “appropriately handle” the fallout from an invitation it had extended to Russia’s representative to Taipei to attend its international banquet last month, KMT Chairman Eric Chu (朱立倫) said yesterday. US and EU representatives in Taiwan boycotted the event, and only later agreed to attend after the KMT rescinded its invitation to the Russian representative. The KMT has maintained long-term close contact with all representative offices and embassies in Taiwan, and had extended the invitation as a practice of good diplomacy, Chu said. “Some EU countries have expressed their opinions of Russia, and the KMT respects that,” he
An increase in Taiwanese boats using China-made automatic identification systems (AIS) could confuse coast guards patrolling waters off Taiwan’s southwest coast and become a loophole in the national security system, sources familiar with the matter said yesterday. Taiwan ADIZ, a Facebook page created by enthusiasts who monitor Chinese military activities in airspace and waters off Taiwan’s southwest coast, on Saturday identified what seemed to be a Chinese cargo container ship near Penghu County. The Coast Guard Administration went to the location after receiving the tip and found that it was a Taiwanese yacht, which had a Chinese AIS installed. Similar instances had also
CHANGES: After-school tutoring periods, extracurricular activities during vacations or after-school study periods must not be used to teach new material, the ministry said The Ministry of Education yesterday announced new rules that would ban giving tests to most elementary and junior-high school students during morning study and afternoon rest periods. The amendments to regulations governing public education at elementary schools and junior high schools are to be implemented on Aug. 1. The revised rules stipulate that schools are forbidden to use after-school tutoring periods, extracurricular activities during summer or winter vacation or after-school study periods to teach new course material. In addition, schools would be prohibited from giving tests or exams to students in grades one to eight during morning study and afternoon break periods, the
AMENDMENT: Contact with certain individuals in China, Hong Kong and Macau must be reported, and failure to comply could result in a prison sentence, the proposal stated The Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) yesterday voted against a proposed bill by Democratic Progressive Party (DPP) lawmakers that would require elected officials to seek approval before visiting China. DPP Legislator Puma Shen’s (沈伯洋) proposed amendments to the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例), stipulate that contact with certain individuals in China, Hong Kong and Macau should be reported, while failure to comply would be punishable by prison sentences of up to three years, alongside a fine of NT$10 million (US$309,041). Fifty-six voted with the TPP in opposition