The Study On The “judges Law” Of Taiwan

Judge system, including power exertion, professional integrity and specialization, occupational security, supervision and liability ascertainment, is the essential component of every judicial system, which is important to justice achievement and the establishment of judicial authority. The “Judges Law” of Taiwan was born in a special period, along with a better circumstances of democratic politics and judicial reform. A professional examination and selection system of judge had been established, and the separation of prosecution and adjudgement had been accomplished, moreover, the budget and personnel had become independent. This legislation mainly concerned about how to response to the need of judicial independence and the lack of legislation. a number of factors led to delay, even halt of the legislation process. The question is judicial independence has been realized as one of the targets of the “Judges Law” of Taiwan before it is done, but new issues emerged afterward. To solve these problem, the “Judges Law” of Taiwan stipulated institution about the selection system of judge, the elimination and retirement system, occupational security system, particular assessment system and the court of duties.This article based on the analysis of legislation process and legal texts, and a contrastive analysis between theoretical designs and practical results. Then a series of contradictories emerged in the provisions, which didn’t solved by the legislation itself. Understanding of its underlying causes is important to solve it, the underlying problems are tensions between judicial independence and judicial accountability. This article assessed the provisions and institutions of the “Judges Law” of Taiwan, and meanwhile tried to advice on moderating the tensions between judicial independence and judicial accountability.