A Research on the Promotion System of Judicial Administration Personnel –Taking the Comparison between the Clerk and the Process-server as an Example

[[abstract]]近年來司法革新，從民國92年推動刑事訴訟法之證人交叉結問制、羈押權回歸法院及通訊監察須由法院核可，皆可看出我國司法的進步。而近年司法院又推動人民觀審制，試圖讓法院的判決更貼近人民的法律情感。惟在司法改革之浪潮中，司法內部之基層人員如法警及執達員，卻因為陞遷制度設計之問題，常見他們於職位升至委任五職等，於接近委任陞薦任公務員考試之職等時，即有部分人員選擇轉出司法體系，其原因是為陞遷預作準備。惟因此類人員多數是委任職，從而司法機關亦難查察出問題之根源。其中更嚴重的是未轉任他機關而以消極態度面對工作的基層人員。 本研究主要是探討配屬在法院書記處下之書記官、法警、執達員、錄事及庭務員之陞遷制度，於司法特考四等考試類科中，法院所開的職缺計有書記官、法警及執達員，這些人員在法院陞遷制度有極大的差異，其中又以書記官和執達員考科具有高度相似性，但執達員卻完全無陞遷之管道。且法律規定法院內部要求書記官以外之類科，轉任書記官須以法律相關科系畢業加以限制，此部分亦是分析探討的重點。 本研究對政策面的建議是：放寬法院內部甄選書記官須法律相關科系畢業之規定；廢除司法特考四等考試書記官類科的取才管道，並重新設定書記官之職務列等，科長及股長宜單獨列等，以不兼任為適當。且適度提高法警及執達員之職務列等；法院之人事、會計、政風及統計人員應刪除司法人員專業加給，反之應開放執達員、錄事及庭務員等人員領取。[[abstract]]Judiciary progression can be obviously witnessed, by way of such as the cross-examination system of the Code of Criminal Procedure, implemented since the 92th Chinese year, the custody, and the communication monitoring approval authority referred to the judicature, in the recent judicial renovation. Moreover, the Judicial Yuan tried to carry out the participation system, with an eye to getting judiciary decrees closer to people’s nomothetic emotions. However, in waves of judicial reformation, it is commonly seen that some, on the basic level, such as the Court Police and the Process-server, choose to leave the judicial arena at the time of being on the position of the fifth-grade Appointment, for the preparation of further promotion. The fact that such people being on the basic level, with those not leaving but passively treating their job being the trickiest to handle, makes it even harder for the judiciary to detect the roots of the problem. This research aims at discussing the promotion systems of the Clerk, the Court Police, the process-server, the Assistant Clerk and the Court Attendant, incorporated into the Department of Clerks. Subjects like the Clerk, the Court Police and the Process-server of the Civil Service Special Examination for Judicial Administrative Personnel correspond to the posts of the judicature, but promotion systems designed for them are tremendously different. For example, the Clerk and the Process-server are much alike in subject, but elevation channels distributed to the latter are few. In addition, extra restrictions are placed on those who are not Clerks at present but with the inclination to transfer to the circle that they must graduate from relevant departments of laws, which also makes up an emphasis of this analysis. Advice this research makes to the policy would be to loosen the internal restrictions of the court on hunting for Clerks, close the doors to recruit Clerks by means of Civil Service Special Examination for Judicial Administrative Personnel, reset the position range, and appropriately elevate the position Appointments of the Court Police and the Process-server. Apart from the above, positions of the Section Chief and the Unit Chief are recommended to be fixed to unitary Appointment, with the possibility of serving the positions concurrently eliminated being even better. Last but not least, banish the Personnel, the Accounting, the Statistics and the Government Ethics Officers from receiving professional plus give of Judicial Administrative Personnel, but allot it to the Process-server, the Assistant Clerk and the Court Assistant, etc.[[note]]碩