| Summary: | 碩士 === 朝陽科技大學 === 營建工程系碩士班 === 101 === There are complicated legal provisions and specialized technical knowledge in the dispute in civil engineering althongh. In Taiwan, professional judge system is adopted, judges are only trained and educated by law so they don''t have professional competence beyond it. In litigation, if other specialized fields such as construction, medical and intellectual property disputes is contained, a third party with the professional competence needed is supposed to assist the judge by identifying the truth of the case and analyze the dispute. In the end, the case will be closed through the self-justification of the judge. Even with the help of an appraisal report, it is still a report about a specialized field. How can a judge who is only proficient in law understand the specialized content? And, the outcome derivative under such basis is questionable.
By the collection of practical civil dispute cases and analysis of quantitative statistics, this study tries to understand the extent judges relies on the appraisal report to make judgment. The appraisal of litigation and the opinions of specialist are evidences, they are usually used under the mode of "identify and summon the witness to court" and the judge will determine the degree of certification through self-justification. Though such mechanism is provided, we can see in practical cases that when a judge lacks knowledge of a specialized field adopt the appraisal report and opinions of specialist, usually it only out of respect of the specialized field but have a specified standard for it. Even judges have to evaluate evidence based on self-justification, appraisal and the opinions of specialist are results of technical specialty that are different from regular evidence. When considering whether to use the evidence or not, we should notice that every part of appraisal and opinions of specialist will affect the outcome of credibility. Then, the litigant will have queries. A judge who is only proficient in law will cause problem when considering whether to adopt the scientific evidence. Through the conclusion of quantitative statistics, we can find out that judges rely on the appraisal report too much as an auxiliary. If judges can''t analyze professional controversies, it means there are defects in judicial proceedings. There is a plight of judges only have legal profession but little nothing of other professional fields.
By the review of previous studies, we can find out that our judicial system had followed other countries to put profession into the litigation process. A variety of methods were offered, but they all faced obstacles and procrastinated because of the problems derived from practical application. In addition, lack by of publicity made the outcome not satisfactory. By collecting the professional auxiliary system of other countries, thin study probe into the advantages and disadvantages of it and its suitability for our country. If we want to improve the existing system of justice and put the so-called professional involvement/professional judge system or other methods into practice, it''s almost impossible. It takes time to change the following situations: national customs of the people, citizens'' awareness of the new system, the process of old system personnel to re-adapt to the new system, gaining legal knowledge for the professionals and learning professional skills for a judge. Even if the new system come into existence and put into practice, the usage of appraisal report should still remain. As a result, the importance of identification system is undoubted. Identifier or experts can only assist the judge to identify the real problem, they can''t replace the judge''s position. The former provides professional advice and the latter hear the cases by the advices, both are indispensable and can''t verdict by themselves. The judges in our country lack experience and education of other professional fields. How to nurture a judge of complete professional education background or let the judge gain relevant expertise and how to let professional be involved in the litigation so they can help handling the case and deal with the problem fast and fair are two problems we are having when dealing with professional controversy in construction engineering industry.
|
|---|
