台湾民事诉讼中合意选择法官制度透视

在我国台湾地区民事诉讼改革中,试行当事人合意选定法官审判的制度。这一新制度乃世界首例,其理论基础在于尊重当事人的程序选择权和提升人民对法院裁判的信赖。该制度的推行具有民事性、独创性、合法性和注重理论指导性等特点,对于我国相关制度的改革具有借鉴意义。

An Analysis of the System of Selecting Judges by Parties in Taiwan Civil Procedure

According to a new act in Taiwan, parties can select judges to try a civil case. In the world, Taiwan is the first to adopt such a new system . Its foundation lies in the theories of respecting the right of option of parties and promoting the reliance of people on judgment. Having the characteristics such as being limited to civil cases, creativity, legitimacy and sufficient theories foundation,the system can offer conference to the innovation of the related systems in the continental district of China.