Sat, Feb 01, 2003 page2

• Weng looks to pave over `judicial potholes'

  As the country continues with its judicial reform program, criticism is mounting that judges are lazy and that cases are taking too long to process. Judicial Yuan President Weng Yueh-sheng spoke with `Taipei Times' staff reporter Jimmy Chuang about the need to resolve cases quickly while also ensuring judicial errors aren't committed

  • By Jimmy Chuang / STAFF REPORTER
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  Taipei Times: How has judicial reform progressed over the past year?

  Weng Yueh-sheng (翁岳生): Judicial reform was divided into different segments. The expected results for the current segment will be realized by the end of September.

  

  Judicial Yuan President Weng Yueh-sheng.

  TAIPEI TIMES FILE PHOTO

  The achievement that I am talking about here is the dismissal of the Administrative Supreme Court, the Supreme Court and the Government Official Evaluation Committee and replacing them with three new departments under the Judicial Yuan. The replacement bodies will be the Civil Court, the Criminal Court and the Administrative and Evaluation Court.

  It is our end goal to simplify the justice system and to adopt a pyramid system. This change will come into effect on Oct. 1. This is a big change.

  TT: What is the purpose of these reforms?

  Weng: The main purpose is to decrease the number of appealed cases and shorten the time it takes for judges to come up with a verdict and close a case.

  In the future, courts hearing a case for the first time will possess a great deal of manpower and these judges will spend more time to clarify the facts before reaching a verdict. As a result, it will decrease the chances for appeal, since the quality of the verdicts will be better than they are now.

  Obviously, our justice system does not satisfy people because I keep hearing complaints that many cases have been delayed for years, even for decades, and that our justice system needs to be fixed.

  For instance, the Hsichih Trio murder case has been working its way through the justice system for the past 11 years but it has not been resolved.

  Obviously, there are some big potholes in our judicial system. Because of these potholes, our judges have unfinished work to do, even though most of them are trying very hard to wrap up as many cases as possible. However, their hard work is not appreciated because of the long time it takes to process cases.

  Unfortunately, not many people understand our justice system and how judges work. Most people hope that their cases can be closed within the shortest time. However, in addition to closing a case as soon as possible, the accuracy of the trial is the most important thing.

  A trial is the last defense for protecting human rights. How can you allow negligence? How can you be careless about it? It will hurt people even more if the court does not care about accuracy, because mistakes will be made and innocent people may be implicated. It is important for the courts to close cases as soon as possible, but the accuracy of the trial is more important.

  A judge's job is like playing God. For example, when a crime takes place, only the victim, the perpetrator and any witnesses know what happened. However, a judge has to decide whether the defendant is innocent or guilty. How can he not be careful, fair and accurate? And it is also why I have to emphasize the importance of the justice system being trusted by the people. If you do not trust somebody, you will not respect him either. However, a judge cannot do his job if he is not trusted and respected.

  In the past, the justice system was only a tool used by dictators. By delivering strict punishments to criminals, the political leader took advantage of the system to secure his power. An accurate trial was not really required for a judicial system like that. But that is no longer what we need.

  TT: How do you decrease the number of appeals?

  Weng: Facts are facts. If judges hearing a case for the first time spend more time to clarify the facts, there will not be as much room for an appeal.

  In addition, many judges have started to "compromise" with defendants by telling them that their sentences will be reduced if they tell the truth. Under such circumstances, why do the defendants have to appeal? The only possibility is that prosecutors are not happy with the sentences handed down.

  TT: What will be different for prosecutors' and judges' work in the future?

  Weng: In the past, once prosecutors indicted the defendants and the case was submitted to the court, prosecutors' work was done. The judges would then question and try to prove the defendants' guilt based on the evidence and legal documents submitted by prosecutors.

  That was also the reason why people did not trust our courts, because judges "assumed" that the defendants were guilty before they went ahead with the trial. It was not fair to the defendants. In addition, it increased judges' work loads.

  In the future, actually from now on since the amendments to the Code of Criminal Procedure (刑事訴訟法) were adopted by lawmakers on Jan. 14, prosecutors will have to prove the defendants' guilt during the trial. Judges will be able to play the role of an independent third party and decide whether the defendants are guilty.

  TT: The amendments also require three judges to handle a case when it first comes before the courts. Is it likely that we will not have enough judges to handle hearing cases for the first time? What is the solution?

  Weng: There is not only a shortage for judges, we don't have enough courtrooms either.

  For the courtroom problem, we will build or lease more buildings and that plan has been carried out already.

  For the shortage for judges, we do not have any plan to hire a large number of them in the near future. But we will fill up vacancies as soon as possible to handle the increasing work load.

  Speaking of which, as part of judicial reform plans, we will change how judges are hired. We are planning to hire senior lawyers or prosecutors who are endorsed or recommended by an independent legal committee consisting of senior social workers, lawyers, prosecutors or legal workers, as judges in the future. The new system will be similar to the one used in the US.

  When the entire judicial-reform plan is completed by 2011, it is our hope that the "pyramid system" will be fully established, under which the Judicial Yuan will be composed of only 15 grand justices -- a similar arrangement to that used in the US Supreme Court.

  TT: Many corporate executives have been complaining that the "e-generation," people aged 15 to 25, is not capable of assuming responsibilities; that these people want to enjoy success without sweating. How will you resolve this problem if our young judges are representative of this attitude?

  Weng: The plan is to prolong our training course for them from 18 months to two years. After the two-year program, these young judges will have to work with other senior judges for another four years before they can handle a case on their own. We hope this training course will allow them to adjust gradually. But, when our new system to select judges is implemented, this problem will no longer exist.

  TT: Your current term as president of the Judicial Yuan will expire this September. What are your plans? Are you willing to continue in the position if President Chen Shui-bian (陳水扁) nominates you again?

  Weng: I have neither thought about nor talked about this. I have never sought any specific position since becoming a government official because I am not interested in politics. However, as long as I am alive, I will dedicate myself to that which benefits our society and our country.
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