Transparency, Participation, Supporting Measures, Evaluation, and Further Reform - Founding Statement of the Civil Society Coalition for Monitoring the Citizen Judges Act

The Citizen Judges Act, a landmark in the democratization of Taiwan's judiciary, passed its third reading on July 22, 2020 and will take effect on January 1, 2023. To promote popular sovereignty and give practical effect to the public's right to participate in trials, civil-society organizations concerned with judicial reform have established the "Civil Society Coalition for Monitoring the Citizen Judges Act." The Coalition advances five principles-transparency, open participation, supporting measures, impartial evaluation, and further legislative reform-and will pursue the following work:

1. Transparency

   Article 1 of the Citizen Judges Act states that the Act is intended to enable citizens and judges to participate jointly in criminal trials, increase judicial transparency, reflect citizens' legitimate legal sentiments, strengthen public understanding of and trust in the judiciary, and realize the principle of popular sovereignty. The Coalition therefore calls on the Judicial Yuan and Ministry of Justice to fully disclose administrative information concerning budgets, planning, implementation, publicity, education, evaluation, and legislative amendments, so that the public can scrutinize and oversee the process and trust can be earned through transparency.

   Coalition Work Monitor government disclosure and build online platforms for information and policy communication.

2. Open Participation

   Because the Citizen Judges Act is intended to realize popular sovereignty, the Judicial Yuan and Ministry of Justice should open administrative processes involving budgeting, planning, implementation, publicity, education, evaluation, and legislative amendments to civil-society participation. Participation should not be confined to courtroom proceedings; it should extend to every administrative process involved in building the citizen-participation system.

   Coalition Work Monitor whether the government meaningfully opens the process to civil society and promote public education on citizen participation in trials.

3. Supporting Measures

   The Coalition believes the Citizen Judges Act should drive broader judicial reform. Supporting reforms-including the indictment-only system, rules of evidence, plain-language legal communication, and wider rule-of-law and civic education-must move forward immediately so that the judicial system is genuinely prepared for citizen participation in trials.

   Coalition Work Monitor the government's supporting measures and prepare corresponding civil-society draft amendments.

4. Impartial Evaluation

   Article 105 of the Citizen Judges Act requires the Judicial Yuan, after implementation begins, to establish a performance-evaluation committee for the citizen-participation system, conduct necessary research, issue annual reports on implementation, and submit a final report after the evaluation period containing an overall assessment and recommendations for future amendments and supporting measures. The Coalition will use procedural participation, courtroom observation, surveys, and other monitoring methods to produce parallel civil-society evaluations and recommendations, safeguarding the committee's independence and impartiality and preventing it from becoming a rubber stamp for the official position.

   Coalition Work Monitor the performance-evaluation committee and publish corresponding civil-society evaluation reports.

5. Further Legislative Reform

   The Citizen Judges Act contemplates a final evaluation report and recommendations for legal amendments after six years. Based on civil-society evaluation reports and recommendations, the Coalition will prepare its own draft amendments and engage in legislative advocacy, seeking to deepen the public's right to participate in trials and continue judicial reform.

   Coalition Work Prepare civil-society draft amendments based on evaluation reports and recommendations.

Coalition Members

(Listed by the stroke count of the Chinese names)

Covenants Watch
Taiwan Association for Human Rights
Taiwan Jury Association
Taiwan Youth Association for Democracy
Taiwan Criminal Defense Attorney Association
Taiwan Labor Front
Judicial Reform Foundation
Taiwan Alliance to End the Death Penalty
Garden of Hope Foundation