Experts Participate in Trial and Bear Equal Obligations as Judges. To Ensure Justice of Judgment when Involving in Professional Matters.

According to “The Trial Implementing Regulations on Expert’s Participation in Trials” drafted and finalized by the Judicial Yuan recently, people who meet the requirements, which are over 30 years old, live in Taiwan for more than 6 months, have full knowledge and skill of professional field and have exceed 3 years working experience in relevant fields, would have the chance to be chosen as “professional judges“, who have equal obligations as judges and could judge cases jointly with the judges.

 

According to the recent plan, people could petition district court to form a “ trial court” in the future for cases concerning the following disputes: medical treatment, construction, copyright, trademark rights, patent rights, security exchange and labor contract, as well as environmental cases such as marine pollution and groundwater pollution. After petitioning, the judge could determine whether to submit the case to “ trial court” for judging.

 

If the judge and the professional judge have different opinions concerning the case, the decision shall be made by majority rule. Besides, since the professional judges will bear the same obligation as judges, they shall be responsible for the result of the judgment. During the period of trial, the professional judges will be given civil servant identity and therefore shall obey relevant regulations ordered civil servant if making illegal judgment.

 

The jury, which often appears in the Hollywood movies, belongs to “a lay jurist,“ which is different from our ”professional judges” since they only have the power to determine guilty or innocent. As for the legal part (how many years to be sentenced) will still be determined by the judge. However, our “ professional judges” have equal power with the judge. (2004.12)

CYJ/CHA