Essay on "History and Current Justice System of Taiwan"

Essay 4 pages (1364 words) Sources: 1+

[EXCERPT] . . . .

Criminal Justice

History and Current Justice System of Taiwan

Over the past several years, Taiwan's criminal justice system has undergone a number of reforms. While most legal experts and the public agreed legal reform was in order and while the efforts at legal reform were admirable in spirit, many of these changes are bound for breakdown because they were not successful at fitting together into a consistent whole and failed to account for cultural issues. Nevertheless, even though the rocky first round of criminal justice reforms, there are forces at work within Taiwan's criminal justice system that will make more triumphant succeeding rounds of reform (Kennedy, 2003).

The focus of Taiwan's criminal law reorganization is the recently put into place customized adversarial system. The Judicial Yuan, which was mainly accountable for coming up the system, has dedicated substantial expression to how significant this fresh trial system is and how it will supply a quantity of elemental returns, including enhancing judicial sovereignty, protecting human rights, and providing for more fair and just criminal trials. Working in the world today are two basic advances to criminal trials: the adversarial system and the Continental system. The adversarial system is the Anglo-American advance; the Continental system is the move toward what is used in most of Europe. The judge in the adversarial system has little or no association in the course of the trial. The two parties and their attorneys structure the trial issues and are accountable for moving the case forward by calling witnesses, conducting questioning, and providing physical evidence. Evidence law and procedures figure profoundly in adversarial systems. In the Continental system, which was the system used up until recently in Taiwan, the judge has the task of performing an examination of the facts, handling the calling and inquiring of witnesses, evaluating the physical substantiation, and determining what the legal issues are in the case. As a consequence, the judge is the most active participant in the case; evidentiary and procedural rules are not of any great significance (Kennedy, 2003).

Upon the beginning of the Republic of China in 1912, the assessment was made to follow a Continental model for the republic's new trial system, and that system was carried over to Taiwan. The Continental system was a normal fit for Chinese culture as it had much in common with the imperial Chinese legal system. Taiwan at different times has used the imperial Chinese system, the Japanese system, which is a Continental system, martial law, and consequently a German-based Continental system. All these structures share common fundamentals: they are judge centered; statute rather than case law based, and do not use juries. With the exemption of the martial law period, each criminal law system that was previously used in Taiwan was a type of natural progression from the previous system. The newly institute customized adversarial system is an effort to bring together fundamentals from a variety of adaptations of the Continental system and new aspects of the adversarial system into a consistent new approach for Taiwan (Kennedy, 2003).

The center features of the new customized adversarial system are an augment in the utilization of cross examination and placing the accountability on the prosecutor to handle the calling and questioning of witnesses. The new system also includes Taiwan's first Anglo American fashion evidence law and has been accompanied by alterations in the Criminal Code that look to explain the function of the prosecutor and judge. The Judicial Yuan had anticipated that the new system could take the best from the two systems, and act as a cooperation that would be established by the many divisions operating within the Judicial Yuan and the bigger legal profession (Kennedy, 2003).

Obvious in the current reforms of Taiwan's criminal justice system is the failure to conclude exactly what the system's objectives are and to prioritize those objectives. A criminal-justice system can supply a number of objectives: defending public safety, shielding civil liberties and constitutional rights, resolving disagreements, finding the truth of the case and offering a sense of retribution to victims. As to which are the main concerns in… READ MORE

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