英文摘要 |
The Citizen Judges Act (“this Act”) adopts the “joint trial and judgement” system where of the criminal cases are jointly adjudicated by Citizens and Judges.In oder to ensure the Citizens and the Judges are on an equal footing as adjudicators in trials, the primary purpose of this Act is to create an atmosphere adequate for Citizens to participate in trials, enabling the Citizens to absorb the content of the investigation of evidence and oral arguments during proceedings, and eventually be engaged in the final deliberation alongside judges in equal positions, paragraph 1 of Article 45 of this Act stipulates the Judges, prosecutors and defense attorneys shall arrange the contentious issues in a thorough manner during the preliminary proceedings. However, the preliminary proceedings of criminal cases are often over-simplified, disabling the contentious issues to be thoroughly arranged, moreover, the focus of the trial is determined by the Judges under the inquisitorial system, limiting and undervalue the contentious issues brought up by the parties of the cases. This thesis primary studies on how the judges, prosecutors and the defense attorneys shall arrange the contentious issues in trials with the participation of Citizen Judges to fulfill the requirements and obligations as stipulated in Article 45 of this Act, and to efficiently enhance substantive participation of the Citizens Judges. |