The “Discovery” (事證開示) system was applied in the civil lawsuits

The Judicial Yuan of R.O.C. stated that attorneys will be given investigation rights in the civil lawsuits. That is to say, both parties’ attorneys are permitted to ask for adverse party’s help to know the details of the case before the hearing. Besides, as long as the attorneys obtain the approval of the adverse party, the statements made by the adverse party could be presented to the court as evidence.

 

The direct general of civil department of Judicial Yuan, Yang Long-Shun, stated that many civil lawsuits could be settled outside the court. Take the U.S. for example, 95% of the legal cases to which the court applies the attorneys’ investigation system can be settled outside the court instead of being tried inside the court. In that way, the new system can not only help the parties concerned settle the disputes sooner but also save more precious judicial resources.

 

In addition, the Judicial Yuan made another two announcements. One is that  people who work as doctors, architects and accountants could serve as judges in the future. The other is that the Judicial Yuan is estimating the feasibility of setting up the professional court of “Intelligence Property”.

 

As to the issue that professionals could serve as judges, the Judicial Yuan stated that judges are not only sourced from judiciary examination but will be sourced from selection as well in the future so that the professionals without the status of public servants can also serve as judges in charge of trials concerning criminal lawsuits, civil lawsuits or lawsuits regarding administrative proceedings. (2003.12)

CYJ/WYL