A Theoretical Study on the Pleading System

• Main Authors: Chih-yun Hsi, 郄芷筠
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/8q9y28

碩士 === 東吳大學 === 法律學系 === 96 === ABSTRACT The Code of Criminal Procedure in Taiwan has changed after the National Judiciary Reform Conference in 1999 that determined to adopt the ‘Adversary System’from the “Official Principle”. But there is still the concept of’Official System’in the criminal pleading system in Taiwan now. Therefore, the focus of this study is to correct the criminal pleading system in Taiwan based on the concept of Impartial Tribunal. The thesis contains six parts as follows: Chapter I is the preface,illustrating the motives, purposes,methods and realm of the thesis. Chapter II ‘The Constitutional foundation of the pleading system’introduce Impartial Tribunal､due process of law and right of action . to be the theoretical foundation of discussing the pleading system. Chapter III ‘To establish the pleading system of the Adversary System’introduce‘Adversary System’and ‘Official System’. The criminal procedure in Taiwan adopt ‘Refined Adversary System’now, so the pleading system shall be reviewed and corrected based on ‘Adversary System’in the future. Chapter IV ‘The past history of the pleading system’.The source of the pleading system is Europe.We can know the range of the defendants helped by the defenders from discussing the development of the pleading system. Besides,we can know that it is necessary for defendants to get help from defenders,whether before or after the prosecution.We shall take the tragedy of depriving defendants of the pleading rights in the past as a good lesson. Chapter V ‘Review the criminal pleading system in Taiwan’introduce the rights of defenders,and the difference of the rights in procedure of investigation and in trial first. Finally,review the criminal pleading system in procedure of investigation and in trial based on the ‘Adversary System’and Impartial Tribunal. Chapter VI concludes all stated above,and provides suggestions to the criminal pleading system based on Impartial Tribunal. When the law be corrected in the future,the suggestions can be reference materials.