The Research On The Selection System Of Judges By Agreement

The judgment organization of civil suits in Taiwan province is always following the principle of"judges by Laws", which means that the new accepted civil cases would be allocated by the PC's random selection or the professional allocates to arrange to the single judge or the collective court by the rules made early. And this system did not be criticised by the public for a long time. However, since 80's in 20 century, as the low effects of judicature in Taiwan and the serious unfairness in decisions, the parts had lost the confidence of the judicial authority and the Taiwan government had to reform fiercely the judicature in order to enhance the effects and the believes about the judicial system in public. At the same time, by the promoting of the theories such as the right of civil procedure subjects, the select right and the lawsuit contract, Taiwan promulgated the temporary Regulation of the Selection of Judges by Agreement in 2003 and firstly to establish the selection system for the judges in the civil lawsuits which endows the limited power to select the judges at will in the civil litigations.So this paper would introduce the legislated background and the theoretical bases, the major contents and legal characters and the legislated functions of this system by the easy words through the context of the regulation firstly. Secondly, the temporary regulation of the selection of judges by agreement would end in Sep. 5 2008. And this paper would give the deep analysis about the falling reasons and the learning for the Chinese mainland of this system; finally, as the rapid demands for the selected judges in the civil lawsuit in mainland, the author also discusses the constructive suggestions for the current judicial system. More, at the same time, the author put forward the non-professional judges'enjoyment system in order to perfect the Chinese civil procedure and resolve the problem of authority loss better.