The Judicial Yuan said its proposal to establish a “grand chamber” within the Supreme Court might be the turning of a new page in the history of the judiciary.
The Judicial Yuan yesterday proposed draft amendments to the Organic Act for Courts (法院組織法) and the Organic Act for Administrative Courts (行政法院組織法) that would create the chamber if passed.
The establishment of a grand chamber would improve the transparency and rulings of final appeals, Judicial Yuan Secretary-General Lu Tai-lang (呂太郎) said.
Photo: CNA
The current method of arriving at a final verdict through deliberation by the criminal and civil sections of the Supreme Court is not academically sound, Lu said.
The grand chamber’s ultimate duty would be to ensure consistency in rulings delivered by the courts, Judicial and Administrative Section Chief Wang Mei-ying (王梅英) said.
Its function is to unify legal interpretations if rulings of the collegiate bench of the final court of appeal differ from lower appellate courts’ rulings, Lu said, adding that the chamber would be consulted over cases in which important legal principles are disputed.
However, the grand chamber would not offer final rulings over the cases themselves, Lu said.
The chamber would be formed by 11 judges from the Supreme Court and nine from the Supreme Administrative Court, while the court that received the final appeal would provide the presiding judge, according to the proposal.
The chamber would hear disputes on legal definitions, and as such definitions require legal expertise, representation for the plaintiffs and defendants is mandatory, Wang said, adding that if members of the chamber see fit, they may consult the opinions of outside experts.
Aside from the normal members, all members of the civil and criminal sections should be included in an open debate on legal definitions of any case brought to the chamber, including the judge from the original presiding court, Lu said.
The judge from the original court should use the result derived from the chamber debate as the basis for their ruling, Lu said.
Deliberations of legal definitions by the civil and criminal sections of the Supreme Court is good, but not legally binding, Supreme Court Chief Justice Cheng Yu-shan (鄭玉山) said, adding that he supports Judicial Yuan President Hsu Tzong-li’s (許宗力) proposed grand chamber system, as it would provide a solution to fundamental problems with the judiciary.
Once the chamber has been established, the practice of criminal and civil section deliberation on legal definitions would be suspended and transferred to the chamber, the Judicial Yuan said.
Additional reporting by CNA
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
CHINA REACTS: The patrol and reconnaissance plane ‘transited the Taiwan Strait in international airspace,’ the 7th Fleet said, while Taipei said it saw nothing unusual The US 7th Fleet yesterday said that a US Navy P-8A Poseidon flew through the Taiwan Strait, a day after US and Chinese defense heads held their first talks since November 2022 in an effort to reduce regional tensions. The patrol and reconnaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release. “By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations.” In a separate statement, the Ministry of National Defense said that it monitored nearby waters and airspace as the aircraft
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source