Glad to See the Legislative Yuan Pass the First Reading of the Draft Amendment to the Judicial Yuan Organization Act !

The Joint Committee on Judiciary and Legal Affairs of the Legislative Yuan passed the review of the Draft Amendment to the Judicial Yuan Organization Act the day before yesterday. This truly brings great joy to all groups concerned with judicial reform, marking a major step forward for the long-stagnant judicial reform process.

Our judicial organization and litigation structure have historically resembled an oversized cylinder with bloated second and third instances, appearing wasteful and inefficient. This severely impacts the people's right to litigation. Moving toward a pyramid-shaped litigation and personnel system has long been a consensus of all citizens. In addition, the judicial administrative power in a state under the rule of law should serve adjudication. Currently, however, the Judicial Yuan—our highest judicial organ—only manages judicial administration without engaging in adjudication, yet it oversees three adjudicative bodies. Outwardly, this always gives the impression that administrative power overrides judicial power, and that the administration interferes with the judiciary. This structure must change before the public can have confidence in the judiciary.

These reform consensuses were already passed as resolutions by attending representatives at the National Judicial Reform Conference back in 1999 (the 88th year of the Republic). However, whenever related judicial reform bills were submitted to the Legislative Yuan for deliberation, legislation was repeatedly stalled due to partisan confrontation or the intervention of other political forces, causing judicial reform to stand still for a long time. Judicial Yuan Interpretation No. 530 once requested that the Legislative Yuan amend the Judicial Yuan Organization Act by October 5, 2003. Civic groups had also organized the "Judicial Reform Three Acts Promotion Alliance" to express the public's hope that these judicial reform bills would be passed as soon as possible, yet the Legislative Yuan consistently ignored them.

It was not until the current term of legislators assumed office that civic groups successively contacted these newly elected members who care about judicial reform, perceiving that across party lines in the Legislative Yuan, everyone feels judicial reform can no longer keep the public waiting. The joint efforts of the Judiciary and Organic Laws and Statutes Committee in passing the first reading of the Draft Amendment to the Judicial Yuan Organization Act, although only a small step in the legislative process with the second and third readings yet to be completed, are already very encouraging!

Of course, before the second and third readings of the legislative procedure are completed, there are details upon which scholars hold differing opinions—such as whether the scope of adjudication by the Judicial Yuan should be expanded to include constitutional complaints, or whether the category proportions for Grand Justice nomination qualifications should be adjusted. These can all be further negotiated and discussed. Nevertheless, civic groups still wish here to encourage the Legislative Yuan, hoping that the amendment to the Judicial Yuan Organization Act can be completed as soon as possible this session. At the same time, we also hope the Legislative Yuan will swiftly complete the legislation of the Judges Act to make the judicial system more sound, judicial officers more outstanding, and the quality of judgments higher. Then, the judiciary will be fortunate, and the people will be fortunate!