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The Realization of Judicial Independence in Taiwan and Its Implications on the Mainland

Author: LiuXinKuan
Tutor: LiuYiChun
School: Central China Normal University
Course: Constitutional and Administrative Law
Keywords: Independence of the judiciary Political Transition With economies in transition Legal professional community Institution building
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract

September 11, 2009, former Taiwan \This is the Chinese nation for the first time ever to the law and evidence, to bring to justice a former maximum ruler, is a very great thing. Despite the pan-green camp has repeatedly claimed that the prosecution is a political persecution against Chen Shui-bian and his family, but spent three years on a number of court tug of war, finally had an uplifting ending. Overall, the flat case shows the the Taiwan judicial impartiality and independence. Reduced to a KMT crackdown on dissidents in the authoritarian era of Taiwan, judicial tools, after two decades of judicial reform, finally established beyond in partisanship, be able to resist the erosion of judicial administrative rights wanton its progress in the rule of law is worth learning continent. Mainland and Taiwan have the same root, are Confucian cultural background, have experienced large-scale legal transplantation and inheritance, and all belong to the civil law, the development of export-oriented market economy, experienced authoritarian politics, therefore, the success of Taiwan experience in the mainland judicial reform have a certain reference value. This paper compares the four aspects of political transformation, economic transformation, the legal professional community of mature and institution building Taiwan and mainland China to achieve the independence of the judiciary and difficult process, and made recommendations for the similarities and differences between the two on the continent to achieve the independence of the judiciary path. The paper is divided into four parts: the first part explains the concept of the independence of the judiciary, in general, the independence of the judiciary can be divided into external independence and internal independent. Followed by analysis of the value of an independent judiciary, and gave a brief overview of the status quo of Taiwan and the mainland of judicial independence, the last of Taiwan's judicial system are briefly introduced. The independence of the judiciary as an important constitutional principle, against the wanton expansion of executive power, necessary for protection of human rights. The second part of the main macroeconomic background and institutional change judicial independence from political transformation, economic transformation, the legal professional community matures and institutional building four aspects. The progress of the administration of justice can not be separated from the political environment, but also closely related to the economic level, the judicial personnel directly related to the quality of the degree of realization of independent trials. System construction can not be separated from all walks of life to promote and enlightened ruler, therefore, when the macro environment change, coupled with the awakening of practical and non-governmental forces to promote judicial reform in full swing the judicial independence has made considerable progress. The third part to achieve the independence of the judiciary and contributing factors for Taiwan, mainland to do the inspection. Continent due to the far-reaching impact of the special political ecology and the Soviet judicial system, judicial independence is more difficult. The fourth part of the continent to achieve the independence of the judiciary path suggested. The reform of the political system, including the reform and progressive realization of the direct election of inner-party democracy, the people's congress system. The economic restructuring of state-owned enterprises to quit competitive fields, reduce the price intervention. In addition should continue to enhance the quality of the judicial officers. Institution building, including independent budget, to improve the party's leadership of the administration of justice, the reform of the internal working of the Court, and so on.

The Realization of Judicial Independence in Taiwan and Its Implications on the Mainland

Abstract

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