LY Reviews Act Amendments to Remove Unsuitable Judges|立院臨時會再戰法官法 淘汰不適任法官


To phase out unsuitable judges, the extraordinary legislative session on 28th June continues to examine amendments to the Judges Act. The amendments will allow the plaintiff or defendant to request for an evaluation of their Judge. It will allow penalties to judges such as stripping of their pension and retirement fund. However Kuomintang caucus chair Tseng Ming-chung said that there are no comprehensive plans around these amendments, and the KMT refuses support it. The Democratic Progressive Party said that the allowing of external evaluation members will allow judiciary evaluation to be more all-rounded. 


The extraordinary legislative session on the 28th of June continues to battle on the amendment of the Judges Act to establish a procedure to phase out inept Judges. The main points of this amendment includes to allow the plaintiff or defendant to proactively request for an evaluation for their judge, the addition of the number of external members onto the judge evaluation committee to 6 from 4, the addition of stripping off judges' pension and retirement fund as an option for penalizing judges, and that convicted judges and prosecutors for corruption will have to pay back their remuneration during their suspension period. Furthermore, the evaluation committee's external members will have more say on rewarding or penalizing judges and the system of a comprehensive evaluation of judges every three years will be abolished.

Whether there's really any faulty judging, or inept judges, I think with external members (on the evaluation committee), it will enliven the entire judiciary system.

It's not comprehensive enough, and the related procedures are not suitable, so KMT doesn't want to back him.

However, the KMT said that the amendment is not comprehensive enough, while New Power Party legislator Huang Kuo-chang also had altercations with Democratic Progressive Party's caucus whip Ker Chien-ming on the issue of whether the amendments meet the conclusions derived from the National Conference on Judicial Reform.

Revolution cannot be like this, with no consistency. You change your position and you have a different mindset. This kind of arrangement, is it just to bargain? Or do you really believe in it?

You make this evaluation sound so worthless and that it's just an act for the public. Legislator Huang Kuo-chang has fake extreme moral standards and ruins all judiciary reform. This is your fault.

The amendment of the Judges Act allows a total make over on how judges are evaluated, but as the legislators from the ruling and opposing parties cannot reach a consensus, the 64 articles involved will be voted on, one by one, on the 28th June.



立法院臨時會28日再戰法官法部分條文修正案,淘汰不適任法官,建立退場機制。這次法官法修法重點包括當事人或犯罪被害人,可自行請求法官評鑑,法官評鑑委員會增加外部評鑑委員人數從4人改為6人,還針對法官懲戒處分增加了剝奪退休金及退養金,以及貪污法官檢察官經有罪判決確定,需繳回停職期間薪水,另外人事審議委員會外部委員,也增加對法官獎懲表決權,同時也廢止每三年一次的法官全面評核制度。


民進黨立委 李俊俋表示:「是不是真的有判決不當地方?是不是真的有恐龍法官情形?我想外部力量介入(法官評鑑),會使整個司法活絡起來。」

立法院國民黨團總召 曾銘宗表示:「整個配套不足,相關程序不合適,所以國民黨不願意替他背書。」

不過,國民黨批評法官法修法沒有全面配套,時代力量立委黃國昌也為了法官法修正,是否符合司法改革國是會議結論,在逐條審登記發言時,跟民進黨團總召柯建銘,輪番上台隔空互嗆。

時代力量立委 黃國昌表示:「改革絕對不能昨是今非,換了位置就換了腦袋,(職務法庭)這樣的配置,這樣法律草案,到底是拿來喊價用的?還是自己相信,本來就應該這樣運作?」

立法院民進黨團總召 柯建銘表示:「開放個人評鑑講得一文不值,淪為司法改革大拜拜,國昌委員極端假道德麥卡錫主義,把所有司法改革摧毀,這是你犯的錯誤。」

法官法修法,讓台灣法官評鑑制度大改革,但因為總共有64條要處理,在朝野未達成共識部分,今天進行逐條表決。

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