日本裁判員制度上訴現況及其對臺灣的啟示（譯文）

A Study on Current Situation of the Appeal Practice in Japan and Suggestions to Taiwan

臺灣實施國民法官落實「司法民主」，彰顯「人民頭家」貫徹國民主權。然而，司法捍衛基本人權維護審判公平，乃法治社會重要基石。本文作者長期關心臺灣司法改革進程，並就其歷來日本上訴制度研究心得，提供如何兼顧民法民主與審判公平之策略建議。本文論述架構涵蓋:日本裁判員制度建置後，該國上訴救濟實務現況？有關日本上訴救濟運用現況的個人評價？臺灣國民法官法上訴條文的觀察建議？ 結論認為司改建置人民參審制度，民主正當性、規範自主性之折衷協調，必然會是實務運作上經常面臨的兩難問題。同時，本項制度難題如何應對解決，也取決於審判結果因人民加入而與單由職業法官判斷不同情形下，我們願意接納、容認的程度、範圍。

Taiwan implementing Citizen Judge Act is people participating in criminal trials to carry out “judicial democracy” and demonstrates “popular sovereignty”. However, the judiciary defends basic human rights and upholds the fairness of trials, which is an important cornerstone of a society ruled of law. The author of this article has long been concerned about the process of judicial reform in Taiwan, and based on his research experience on the Japanese appeal system, he provides some suggestions on how to balance judicial democracy and trial fairness. This article covers the following topics : 1. After the establishment of the Saibanin-system in Japan, the current situation of the appeal practice. 2. Personal comments on the current state of the use of appeal practice in Japan. 3. Suggestions for the appeal system of the Taiwan Citizen Judge Act. The conclusion is that the establishment of the people’s participation system in the judicial reform policies and the compromise coordination between democratic legitimacy and normative autonomy will inevitably be a dilemma that is often faced in practical operation. Meanwhile, how to deal with this institutional problem also depends on the degree and scope of our willingness to accept and admit that the trial results are different from those judged by professional judges due to the participation of the people.