The Research of Criminal Speedy Trial－Focused on Appealate Court－

• Main Authors: Jian-Ji Liou, 劉建畿
• Other Authors: 作者未提供
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/58775050190604087071

碩士 === 銘傳大學 === 法律學系碩士班 === 99 === 　　Proper concept of the criminal trial of speed by the community''s attention recently, as well as newspapers and magazines related to practical cases are reported at great length. Judicial Yuan to clean up the backlog, develop proper speed Criminal Justice Act, however, after the development of this law, it really can make the case to speed, or only of resolving the problem? 　　To achieve the goal of the trial proper speed, surface, and the legal system from the surface to improve. In the legal side is concerned, the shortcomings of the existing proceedings to be amended to make the proceedings more efficient manner; in the system side, the practical operation of the existing system more quickly into the concept. 　　References to the enactment of legislation, Europe and the United States are on the trial of speed on this issue properly, has been wanted on a number of issues of common understanding, practice proper speed for the concept of the trial judge and the legal effect are related to the legal basis. In China, the Grand Justices to explain this one concept has been proposed. This paper discusses those in our country under the current appeals process, the impact of the trial for the proper speed. And the delay of the current practice in most cases, are in the third trial in the second instance, and more back and forth between the trial, determined to delay the case. To solve this problem, China established the Criminal Justice Act and the proper speed under foreign law are properly valued by the differences between the concept of speed trials, and appeals system should be how to improve and lead the process into the new case management concepts, effective control of the case. In the new trial, the prosecutor properly limited top speed of Justice Act the right to appeal, the case as soon as possible to determine whether Botox? Furthermore, the proper speed to launch the trial and the legal effect of the choice, the defendant claims, is Botox? Enactment of legislation of the Court on whether to adopt more appropriate to whom? Legal effect, the best solution should be similar damages or compensation of the methods to formulate explicit. Commutation of the current law to take legal effect, only the conviction for the relief and therefore part of the enactment of legislation to be overseas, so that guarantee is more thoughtful. 　　This is also the proper implementation of the current speed of just trial law practice, now how to use, select the relevant branch of the High Court and its decisions, and related foreign concept to make a little more to see on the practical operation of the current situation of China.