Research on Criminal Appellate System---Focusing on Ordinary Appeals

• Main Authors: Chin, Ching-Lung, 陳靜隆
• Other Authors: Ke, Yaw-Cheng
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/48258505840653572681

博士 === 國立中正大學 === 法律學研究所 === 100 === The structure of trial system should adopt the first trial as the truth trial center and the second trial as revision. Although the reason of appeal extends the evidence that original trial does not include, the case should be sent back to the first trial when the truth is unknown or the new evidence is not discovered. The third trial is the strict legal trial and should not adopt an approval system. The withdrawal of authority may over extend the authority of the third trial court, which has to be assessed carefully. Appeals from prosecutors should be prohibited if the original adjudication has no flaws, and prosecutors are under obligation to the procedure if intending to appeal but are inactive to give proof or evidence. In addition, the legal system should continue reinforcing defendants’ powers and functions on litigation to fulfill their defenses and to acquire fair adjudication.