The 16th Cross-strait Law Sharon Focuses the Uniform Legal Opinion System of the Taiwan District Court
Posted:2018-03-15 Visits:207

On the 14th of March, the 16th Academic Salon for the “Rule of Law on Cross-Strait Relations” organized by the Law Department of our institute was held at Conference Room 911, Song House. The academic salon was lectured by the master student Cai Jinlin, entitled Research on the Reform of the Unified Legal View System of the Taiwan District Court. Prof. Peng Li, Associate Dean, Associate Professor Ji Yun, Director of the Law Institute, and Masters and Ph.D. Candidates in the Law Department participated in the Salon. Dr. Yu Fan presided over the meeting.

The unified legal opinion system of the Taiwan District Court is composed of the Supreme Court's judicial precedent system and resolution system and is an important part of the judicial system in Taiwan. In the course of long-term operation, the system has gradually bred the ills of judicial administration. The function of ensuring the uniform exercise of judicial power has also been shrinking. Therefore, it has been strongly criticized by judicial theories and practical circles.

In this regard, Cai Jinlin first introduced the basic overview of the unified legal opinion system of the Taiwan District Court and summarized the tension between the system and the principle of the rule of law. Based on this background, Cai Jinlin started from the perspective of sociology of law and examined the reasons, process, motivation and resistance of the attempt to reform the unified legal opinion system of the Taiwan District Court. She pointed out that interest-basedism is an outstanding issue that hinders the reform of the unified legal opinion system in Taiwan’s regional courts. It mainly manifests itself in the legal profession’s adoption of bills, “presiding” interpretations, organizing social movements, conducting academic discussions, and lobbying “legislators”. Wait. Therefore, the balance of multiple interests of the legal professional community will be the key to the success or failure of the system reform.

In the subsequent one-and-a-half-hour interactive period, the participating teachers and students launched a heated academic criticism around Cai Jinlin’s thesis. The relevant opinions include: It is necessary to pay attention to the corresponding relationship between the reform of the unified legal opinion system in Taiwan’s regional courts and the reform plan; Describe the reform process, strengthen the analysis and evaluation of relevant reform programs; accurately measure the role of relevant interest groups in the process of reform; not only discuss the grand background of judicial reform in Taiwan, but at the same time avoid reform of specific systems. The generalization of evaluation is a holistic evaluation of the judicial reform in Taiwan;

When summarizing, the director of the law institute pointed out that the significance of academic salons lies not only in the expansion of professional knowledge, but also in the improvement of thinking quality, learning to regulate from different aspects such as layout and writing, sentence writing and sentences, etc., thereby cultivating sensitive issues. Consciousness and smooth logical reasoning.