| 英文摘要 |
When the statute at issue is ambiguous, the court has to not only provide the correct interpretation, but also ensure the stability of its opinion. The circumstances of the similar questions of law would become predictable, and the parties will have better chances to content more efficiently in the following cases based on the stable precedents. In certain marginal cases, however, the ad hoc determinations can not be avoided. As a result, if the judicial system tries to establish a formal proceeding to unify the interpretation of laws, there are conflicts between the general rule and the ad hoc decision. According to the amendments of Court Organic Act and The Administrative Court Organization Act in 2019, Great Panel, a 11-or-9-judge-committee set up by the new law, may decide the question of law and deliver the formal judicial interpretation of the court before a particular collegial panel announces its decision. If one collegial panel is prepared to release an opinion with a particular statutory interpretation which is different from the former one, the panel is obligated to ask Great Panel to adjudicate the specific issue. This article analyzes the possible implement of the new law and suggests a practical method that the court can apply new law appropriately. |
