萬國法律事務所

　　On November 21, 2006, the Judicial Yuan completed a draft amendment to legislation that would create a judicial system in Taiwan similar to those found in Germany and Japan.  In those countries, regular citizens help determine verdicts in criminal trials.
Judicial Yuan Secretary-General and one of the original founding partners of Formosa Transnational, Fan Kuang-chun (范光群), said that the new system would only apply in hearings related to serious and prominent corruption charges and crimes punishable by the death penalty or life imprisonment, such as with kidnapping, murder, and drug smuggling.

　　Currently in Taiwan there is no jury system in the country and three judges preside over criminal trials.  According to Fan, under the new system, three professional judges and four lay judges who would be selected from amongst the citizenry would preside over criminal trials. 

　　At a press conference announcing the legislation, Fan said: "the seven judges will enjoy equal status in the hearing, and the verdict will be determined by majority vote".  He added that the lay judge system would be applied if a defendant accused of serious crime requested it, or if the court decided it was necessary.  He continued: "A lay judge system would promote the principles of judicial democratization and transparency, as well as enhancing public trust in our judicial system".

　　Fan further added that in Germany, where the judicial system is similar to Taiwan's, the country has already implemented a lay judge system.  Japan also plans to implement such a system in 2009. He indicated that the draft was completed after The Judicial Yuan examined the legal systems in Germany and Japan and the jury systems in the UK and US.

　　Fan went on to say that the Judicial Yuan would hold four hearings in December to ask judges, prosecutors, lawyers, legal experts, and the general public what they thought about the draft. He said that the Judicial Yuan hoped that the draft could then be submitted to the Legislative Yuan for approval within the current legislative session.

　　According to the draft, lay judges should be drawn from the ranks of Taiwanese nationals who have completed the nation's compulsory education system and who have no criminal record.  People aged from 25 to 70 would be qualified to act as a lay judge.