臺灣法庭通譯使用行為與認知：審檢辯觀點

Abstract

2017年底，臺灣外來人口近百萬，法院涉外案件中，近2/3使用特約通譯。通譯權攸關外籍當事人權益，而使用者善用通譯是優化制度的關鍵。本研究參考本國法庭通譯規範與他國司法通譯使用指南，彙整出開庭使用通譯的注意事項，形成問卷，針對有使用通譯經驗的法官、檢察官與律師進行調查，並自593位填答人中選擇9位作為受訪者。目的為探究研究對象行為與注意事項的符合程度、想法與注意事項的贊同程度，以及身份對其行為與想法的影響。結果顯示法官、檢察官與律師並不熟悉使用通譯的注意事項與相關現行規定，行為與想法存有落差，法官言行較一致，檢察官居中，律師落差最大。期望研究發現能凸顯通譯對於司法公正的重要性，協助司法人員思考與法庭通譯合作的最佳模式。

The right to an interpreter is indispensable for litigants with limited Chinese proficiency. As of the end of 2017, the number of foreign nationals in Taiwan had reached nearly one million and almost two-thirds of lawsuits involving foreign nationals were mediated by certified court interpreters. In such cases, it is imperative that officers of the court who utilize interpreting services understand how best to work with court interpreters. For this study, the author developed a set of recommended guidelines for working with these interpreters based on an examination of court interpreter regulations in Taiwan and guidelines in use by overseas legal institutions. In addition, the author conducted a survey in which 593 legal professionals provided information about their experiences with interpreter-mediated proceedings. Nine of the survey respondents also participated in a semi-structured follow-up interview. The survey and follow-up interviews were conducted in order to investigate guidelines, implemented or proposed, for legal practitioners who work with court interpreters. This study seeks to understand how legal practitioners in Taiwan work with court interpreters, what they think of the study’s recommended guidelines, and how their professional roles influence their views regarding court interpreting. The results suggest that judges, prosecutors, and lawyers are not familiar with pertinent guidelines or regulations. The data demonstrate a certain degree of inconsistency between legal professionals’ attitudes and behaviors, with judges displaying the highest attitude-behavior consistency and lawyers exhibiting the least. With these findings, the study hopes to underscore the strong connection between court interpreting and courtroom justice, as well as encourage cooperation between legal professionals and court interpreters.