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Grand justices call for legal changes to Judicial Yuan

The Council of Grand Justices (大法官會議) of the Judicial Yuan (司法院) said yesterday that various laws need to be amended within two years to ensure that the Judicial Yuan performs its full constitutional role as the supreme judicial organ of the state.

The laws include the Organic Law of Judicial Yuan Organization (司法院組織法), the Organic Law of Court Organization (法院組織法), the Organic Law of Executive Court Organization (行政法院組織法) and the Organic Law of the Committee on the Discipline of Public Functionaries (公務員懲戒委員會組織法).

The two-year period, the grand justices said, commenced yesterday. They gave no reason for the two-year time frame.

Article 77 of the ROC Constitution states that: "The Judicial Yuan shall be the highest judicial organ of the state and shall have charge of civil, criminal, and administrative cases, and over cases concerning disciplinary measures against public functionaries."

In practice, however, the Judicial Yuan only exercises authority over the disciplining of public functionaries.

Article Five of the Organic Law of Judicial Yuan Organization creates 17 grand justices to interpret the constitution and form a "constitutional court" to deal with alleged violations of the constitution.

Serving under the Judicial Yuan are the district courts, the executive courts and the Committee on the Discipline of Public Functionaries (公務員懲戒委員會).

The grand justices said that in fulfilment of its constitutional mandate, the Judicial Yuan should exercise supreme authority over judicial administration and over civil and criminal lawsuits.

"We have four ends to achieve," said Yang Ren-shou (楊仁壽), secretary-general of the Judicial Yuan.

"First of all, we need to affirm the direction of judicial reform, on which we have been working for years," Rang said.

"Second, we need to affirm that the Judicial Yuan has the power to exercise the right authority, especially in regard the constitution.

"Third, we have to clarify the difference between judicial administration and judgments.

"Finally, we need clear job descriptions for the judges and prosecutors."
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