| dc.description.abstract | Jurisdiction’s role has become increasingly important in the course of Taiwan’s development with respect to the democratic politics, but the reliability degree of the public to it does not promote quite a lot, frequently it is reported that the influences coming from government, political party or human relationship have affected the independent judgments of the judges in court. Therefore, the present study attempts to adopt those vote-buying cases with high sensitivity of politics as the research subject, in order to discover the possible root causes concerning why judgment is likely to be affected by political factors through two respective aspects and four factors, i.e. the systematic factors: “political party” and “judicial proceeding,” and the cultural ones: “relationship background” and “win of election”. This article is defined as a preliminary study and uses qualitative approach, through two methods plus three steps, to explore the foregoing issue: Firstly, to use a literature-analysis method to collect the relevant literatures and judgments of vote-buying cases from courts, thereby analyzing the most possible reasons that make people believe the current judgment is being influenced by political factors; next, by means of in-depth interview to understand the viewpoints of those experts, scholars “who are relatively more close to the juridical field than common people” with respect to the foregoing unfairness, and uses their relative practical experiences to verify such unfair impression. Finally, no matter through vote-buying cases or practical operations of justice, the analysis result can’t verify the negative impression of judgment affected by political factor; and the interruption mechanism in earlier judicial system has been collapsed as a result of the judicial democratization over the past years. However, through further analysis, such negative impression probably results from the over-emphasizing of specialization and the lack of supervising mechanism in judicial system, so as not to contract the gap between our society and judicial system. Hence, this study suggests that the judicial reform shall not solely focus on the court itself, it should facilitate the understanding of people to judicial operation by means of “transparent judicial procedures,” as well as the strategies of “external aid of judicial administration” and “democratic supervising on judgment system,” thereby promoting the confidence of people to judicial judgment through “the establishment of exact cognition of people to the court,” to further proceed from “review of internal democratization” and “cognitional promotion of external law and order” respectively.
| en_US |