Herausforderung
Informationsgesellschaft:
Die Anwendung moderner Technologien im Zivilprozess und anderen Verfahren
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Herausforderung
Informationsgesellschaft:
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The Application of Information Technology in Civil Litigation and Non-contentious matters1. IntroductionThe Republic of China is a worldwide well known as manufacturer of personal computers and computer peripherals. Infrastructure of the Internet as well as research and development in software application also have progressed rapidly in recent years. The Judicial Yuan and its subordinate departments began to computerize in 1990. To date we have completed office automation, development of various application systems, installation of the judicial Intranet and Local Area Network (LAN), and the establishment of a legal resources library. Internally it is beneficial to improve the working environment, reduce workload, increase administrative efficiency and enhance the quality of judgment. Externally, the new system also helps to provide better service to the public and promote the education of law. I would like to outline below the application of information technology in civil litigation proceedings and non-contentious matters as implemented in the courts of the Republic of China. I will divide the outline into two parts and describe each in detail: the Civil Trial Information System and the Legal Resources Search System. I will also talk about the areas that are still to be computerized and those that are currently under development. 2. Civil Trial Information SystemThe Civil Trial Information System integrates computer operation with manual operation at the judiciary. It is an outstanding example of office automation and an exceptional showcase in terms of applying LAN system to personal computers. When a district court receives a writ or statement of claim in writing, the clerk on duty at the receiving office keys in basic data of the case such as names and addresses of the plaintiff and defendant and the nature of the action to the Civil Trial Database of that court. The clerk at the dispensing office can then pull out data of the case through the LAN from the computer. After data verification, the case is randomly dispatched by computer program and a printer automatically prints out the dispatching report. When it is done, the clerk will deliver the relevant pleadings to the court clerk. Every morning, the court clerk at each section of the court receives information regarding the cases of the day when they turn on the computer. It saves the time and trouble of repeated manual copying and also reduces the possibility of error. During the trial, the court clerk can use of the computer to enter the proceedings of the case into the Civil Trial Database. They can also make use of the case information and standardized templates to directly print out documents such as docket, registration forms, subpoena, letters of confirmation; or even to edit official document. At the end of the month, all they need to do is just to press one button to prepare exquisite statistics reports presented and analyzed in vary points of view. The system also provides different kinds of inquiry and alert functions. With authorization from the system, all parties concerning the case including the court clerk, the judge, president of the court and investigators can inquire about the progress of the case. The system also remind and send alert signals to all those responsible in the event of any possible delay in proceedings, judgment pronouncement, verdict announcement, handing over the original version of judgment, forwarding the original judgment, forwarding relevant pleadings and filing of the case. In addition to inquiring about and monitoring the work of the court clerk through his or her personal computer, the judge can also gain access to and print out reference information through the Intranet from the Legal Resources Search System (details of which will be discussed in the next section). After legal argument, the judge can also make use of the Intranet services to prepare his verdict. Using the Civil Trial Database the judge can obtain basic case information such as names and addresses of the plaintiff and defendant, and the nature of the action; and to get various document templates; or to inquire about or quote from other judgments of the court or other courts. The verdict is sent to the Public Inquiry Service System after it is pronounced, so that the public can make inquiries through the touch-screen terminals in the court house or through the Judicial Yuan Web Site on the Internet. The electronic file of the verdict prepared by the judge is then sent to the typesetting office so that the original document version can be prepared and saved in the Civil Trial Database. After the judgment has been delivered to the parties concerned, the verdict is released on the Judicial Yuan Web Site. Through the Internet, the public can inquire about the verdict by giving either the name of the court, case number, and reason of action or by using a full-text search. In parallel to the Civil Trial Information System, court technology has also been applied and advanced for efficiency purposes. There is a Digital Recording System to record with digital technology all court activities that can be sent through the LAN to the court clerks at different courts. The judge and court clerk responsible for the case can access and listen to the recording from their personal computers by way of case number and the date of hearing. If the case is appealed, the recording can also be sent to the appeal court via the Intranet and LAN. There is also a computerized Court Proceeding Recorder System that the court clerk can install in the computer of the court. It combines the document function in word processing with the fast key-in function in audio typing to produce fast, complete and accurate court proceeding records. The proceeding records prepared can be shown simultaneously on many monitors in the court and viewed directly by the judge, lawyers, witnesses and the parties concerned. After the hearing, the court clerk can also print out the proceeding records, neat and tidy, for the parties concerned to view, add or revise, and sign. The electronic proceeding records prepared during hearing are stored into the Civil Trial Database via the Intranet and the responsible court clerk can view them any time by key in case number and the date of hearing. The Civil Trial Information System has built consummate database that allows the president of the court and investigative units to monitor and inquire about the progress or any delay of the cases in order to achieve enhanced efficiency and better results. Other departments of the Judicial Yuan, such as the Statistics Department, also make use of this database to compile data on the number and speed of cases heard, percentage of cases resolved and percentage of cases upheld in the appeal court, and percentage of cases used as a reference for the judicial administration. Filing and transfer of files at the Filing Department also rely on this system. Furthermore, electronic files containing basic information or the judgment of the case that are in the Civil Trial Database of the lower courts are also be sent via Intranet and LAN to the higher courts for reference. Since the Civil Trial Information System was developed in 1989, it has been upgraded and added with new features, including the Windows operation platform. It is obvious that the system reduces the workload of our colleagues, helps to promote efficiency and enhances quality of judiciary work. It also allows the judiciary to share information with the public and facilitates service to the community. The system has become a capable helping hand in the everyday life of our courts. 3. Legal Resources Search SystemIn order to keep the judges abreast of the most recent laws and ordinances and the latest legal publications, the Judicial Yuan completed the nation-wide Legal Resources Search System that covers three main sections: Laws and Regulations, Judicial Interpretations, and Legal Publication Index. The Laws and Regulations section collects the existing, amended and abolished laws and regulations of the central government, the Province of Taiwan, the Cities of Taipei and Kaohsiung and so forth. The Judicial Interpretations section contains judicial interpretations, precedents from the Supreme Court, meeting decisions at the civil and criminal departments of the Supreme Court, precedents from the Administrative Court, judgments of the Supreme Court, judgments of the Taiwan High Court and its subordinate courts, judgments of the district courts, opinions of the Judicial Yuan Law Research Committee, decisions on legal matters of the Administrative Court, views expressed at legal forums organized by the High Court and district courts, and other legal information such as interpretation from relevant institutions such as the Judicial Yuan and Ministry of Justice. The Legal Publication Index section includes the index for all the publications of the Judicial Yuan and other legal literature and papers since 1949. The collection is very comprehensive and is constantly updated. It is by far the best legal information system in the country. The inquiry function of the Legal Resources Search System provides the following flexible and diverse ways of inquiry:
4. Future OutlookFrom the description outlined above, it is evident that the Judicial Yuan of the Republic of China has established a comprehensive judicial Intranet and LAN, and made full use of the Internet to provide public inquiry service. Nevertheless, there are still some areas under development. They include: receiving information electronically related to litigation from outsiders such as lawyers or the parties concerned, for example, via Email, FTP or disk, to sue or file a writ, or to make use of teleconferencing in court hearing or giving testimony, and so forth. Relevant regulations have yet to be amended in those areas, and third party identification mechanism and electronic signing are still not yet widely available. They remain in the research and development stage at the moment. Legal reference to the application of advanced technology in civil litigation and non-litigation incidents is covered in Article 363 of the Civil Litigation Law, the article covering written document replacements. It states as follows, "This article (written evidence) stipulates that anything other than a written document that can perform the same function as a written document is permitted as written evidence. In the event of any difficulty to produce the original form of the written document or the object just mentioned, or content of which has to be shown through scientific technology, it is permitted to produce only the content in written form together with the proof that the content in written form is identical to the content of the object in question." As a consequence, written evidence is not limited to documents in written form. Electronic information saved in CDs, diskettes, drivers, tapes, documents or information as stored in audio tapes, video tapes and microfilms are equivalent to their written form, and have identical function in terms of their evidence and probative value. In addition, Article 433 of the Civil Litigation Law relates to civil summary proceedings and convenient ways to produce testimony in investigation. It states as follows, "Where the court regards it as appropriate or it is as agreed among the parties concerned, a witness or expert witness can give written testimony outside the court. In the case of the former, the witness or expert witness should sign an undertaking attached with the written testimony and has both documents notarized by a notary. The witness or expert witness is allowed to send the two documents concerned to court by way of fax or other technological equipment. This will be equivalent to producing written documents of testimony and details of which will be decided by the Judicial Yuan." This article, together with Section 23 of Article 436 in the same legislation, can only be used in matters heard in small claims proceedings. However, it is not applicable to normal litigation proceedings. All civil litigation matters and applications with respect to non-litigation matters require the parties concerned or their agents to deliver the writ to court in person or by mail, except for oral applications during court proceedings. Applications by way of fax, FTP, Email, Disk or other electronic means are not accepted at the moment because there is no related provision in place in the Civil Litigation Law and Regulations Governing Non-Litigation Incidents. The Judicial Yuan is looking into the feasibility of including regulations governing writ filing or application of indictment or other litigation actions by way of electronic means. As for the use of teleconferencing in court hearing and testimony, there is a provision in Article 15 of Legislation to Prevent Sexual Assault Crimes. It stipulates that during investigation or trial, interrogation or cross-examination of mentally challenged victims or victims of sexual crimes that are under 16 years of age, in accordance with an application or authority rendered, can be done outside the court, or use a two-directional television system to distance the victim from the defendant, defense counsel and the judge. Testimony of the mentally challenged victims can be regarded as evidence. In terms of civil litigation, there are no relevant regulations as such at the moment. Therefore the Judicial Yuan is considering accepting interrogation through teleconferencing when the defendant or witness summoned is in jail or out of the authority area of the court, or when the summons requires a great deal of police security or is otherwise very difficult to implement. This will save much time and human power, and to avoid the danger of having to transfer the defendant over a long distance. However, this can only be done with an amendment to the legislation. Furthermore, the Judicial Yuan is also working on the electronic recorder system of court proceedings mentioned before, to allow the lawyers or parties concerned to read or print through the electronic signing mechanism on the Internet. This will save the trouble of the lawyers or parties concerned of commuting to and from court. In addition, judgments can also be delivered via E-mail on the Internet by way of an electronic identification mechanism. Inquiry of related case information from the other departments such as Census, Revenue or Inspection can also be delivered through the electronic signing mechanism and the Intranet and LAN for better results and increased efficiency. 5. ConclusionTo conclude, computerization of judicial affairs is an important area in judicial reform. The Judicial Yuan has always been and will continue to commit to applying information technology to hasten the speed of judicial reform. With continuous efforts from our colleagues, we have laid a solid foundation of computerization and accumulated rich and substantial Intranet and LAN resources. We believe that the goal of comprehensive electronic management of the judiciary can be expected soon.
Office of Information Management, Judicial Yuan |
Bei Fragen und Unklarheiten wenden Sie sich bitte an: [Prof. Dr. Helmut Rüßmann].
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