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Top guns debate judicial reform - Tsai Pi-yu

Judicial reform has recently triggered heated debate between the Judicial Yuan and the Ministry of Justice. At issue are two proposed revisions to the Code of Criminal Procedure that would enable judges to dismiss cases built on shaky or non-existent evidence and seek a more neutral role, but one which still might require them to investigate evidence. The Judicial Yuan contends that the reform is necessary to curb arbitrary prosecutions and ensure fair trials. The Ministry of Justice, on the other hand, believes the remedy lies in taking all investigative responsibility off of the shoulders of judges, if the country aims to overhaul its much frowned-on judicial procedures. Tsai Ching-you and Tsai Pi-yu, officials overseeing the issue for the Judicial Yuan and the Ministry of Justice, respectively, shed some light on the controversy during recent interviews with staff reporter Crystal Hsu

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Unfortunately, the ministry is at a disadvantage in the debate, which has been monopolized by a few people, as most people lack adequate understanding of the subject. The Judicial Yuan has built its campaign around human-rights protection, painting naysayers as indifferent, anti-reform bureaucrats. It is hard to find a forum where honest dialogue can take place under these circumstances.

TT: You don't seem to like the adversarial system, do you?

Tsai: Personally, I prefer the inquisitive system, which places more emphasis on idealism and expects more from the judge, the lawyer and the prosecutor, both professionally and morally. In an adversarial system, parties involved tend to care more about winning the case rather than finding the truth. Also, for an adversarial system to function well, legal counsel must be popular. But statistics show that more than 60 percent of the defendants here do not hire a lawyer.

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