Rescuing Confidence in the Judicial System: Introducing Lay Participation in Taiwan

28 Pages Posted: 20 Aug 2013

See all articles by Kuo‐Chang Huang

Kuo‐Chang Huang

Institutum Iurisprudentiae

Chang‐Ching Lin

National Cheng Kung University

Date Written: September 2013

Abstract

Using Taiwan's 2012 proposal as an illustration, this article discusses a new form of lay participation - the advisory jury - where a group of lay jurors make a collective decision without the professional judges' interference but such decision has no binding effect. This article analyzes how identifying promotion of the public's confidence in the judicial system rather than democratizing judicial decision making by legal elites as the reform purpose leads to the emergence of this form of lay participation. Through a newly conducted national survey, this study shows that the strong support for citizen participation indeed arises from popular dissatisfaction with judicial decision making by professional judges. However, merely half the public are willing to serve and significant disparities in willingness to serve exist across various demographic groups. Our empirical findings inform policymakers of important issues to be addressed in future implementation of citizen participation.

Suggested Citation

Huang, Kuo-Chang and Lin, Chang-Ching, Rescuing Confidence in the Judicial System: Introducing Lay Participation in Taiwan (September 2013). Journal of Empirical Legal Studies, Vol. 10, Issue 3, pp. 542-569, 2013. Available at SSRN: https://ssrn.com/abstract=2312973 or http://dx.doi.org/10.1111/jels.12019

Kuo-Chang Huang (Contact Author)

Institutum Iurisprudentiae ( email )

Nankang
Taipei, 11529
Taiwan
886-2-26525419 (Phone)
886-2-27859471 (Fax)

Chang-Ching Lin

National Cheng Kung University ( email )

No.1, University Road
Tainan
Taiwan

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