Lawyers, judges and scholars presented a united front yester-day, pushing for necessary changes to Taiwan's rules for civil trials.
A public hearing held by the Judicial Committee of the Legislature called for opinions into proposed amendments to the Code of Civil Procedure, with ways to increase the efficiency of court proceedings high on the agenda.
Expressing their common discontent with lengthy delays in civil litigation, legal professionals at the hearing agreed that changes need to be made.
"The process of litigation is so fragmented that parties to cases may have to wait weeks or months between the first and the second court session for their case," said Tsai Chiung-tun (
"And it's not unusual for a judge to sit ten cases a day, and still have dozens on a waiting list."
Taiwan's civil procedures are complex and convoluted. Starting with the filing of complaints, civil trials consist of pre-trial preparations, investigation of evidence, the trial itself, and finally, the announcement of judgement.
Existing civil court procedures often lead to the prolonging of a resolution in minor litigation for months -- or even years -- but the changes underfoot hope to cut through this problem and ensure court decisions are rendered within days.
The lengthy delays are generally attributed by legal experts to the fragmentary process and lack of requirements for speedy trials. The amendments aim to increase judicial efficiency by enhancing pre-trial preparations.
"Relevant documents from both the plaintiff and the defendant are usually handed to the sitting judge during the trial. When it happens, it's very likely that the court is adjourned shortly after it begins, because the judge simply doesn't have any idea what the case is about," said Chen Chih-hsiung (
"If a party could serve their pleadings to the court and the other party earlier, it would be a great help for the judge and the parties themselves. And hopefully, trials would proceed in a far more efficient way," Chen said.
The draft amendment also seeks to make the system work better by fully coordinating the judging panel and involve judges in the pre-trial process, with judges shaping a framework of facts for the parties' cases.
In Taiwan, district court trials may be directed by either a single judge or by a panel of three judges. High court trials all consist of three-judge panels.
A commissioned judge, assigned by the presiding judge of the panel, has to conduct the preliminary proceedings independently. Though sitting together throughout the trial, the other members of the panel have little role in determining the merits of cases because they have very limited knowledge of them.
Consequently, the full participation of all panel members is essential to the efficiency and accuracy of the court judgement, legal experts suggested.
While being welcomed by a majority of legal professionals, the changes proposed are perceived as being unrealistic by some high court judges, who complain that various constraints in resources make it impossible for them to handle so many cases.
However, proponents of the reform dismiss this opposition, saying that reform cannot be deterred simply because of concern over "constrained resources."
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