| 英文摘要 |
Citizen’s participation in judicial trial is one important policy of Taiwan’s judicial reform. Relevant bills have invited criticisms, including constitutional challenges. Does the Constitution limit the direction of citizen’s participation in judicial trials? To what extent the current proposal unconstitutional? This article inquires into the issue from the perspective of trust and analyzes the constitutionality of current proposal. This article argues that, the Constitution does not trust judiciary and democracy, it makes the two check each other to reach the balance. Through this perspective, the concrete constitutional restraints are: whether the proposal violate the principle of separation of powers, violate the right to due process of law, and other fundamental rights. This article concludes that, although the proposal may be constitutional, it needs much more effort to increase public’s trust on the judiciary. |
