The Study of Criminal Appellate System

• Main Authors: Yi-Shan Yao, 姚懿珊
• Other Authors: Jau-Yi Huang
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/79381066624085970354

碩士 === 東吳大學 === 法律學系 === 100 === In order to establish a fair and justified litigation system, the Judicial Yuan held the judicial reform conference in 1999. The conference achieved the following goal: strengthening the factual review of the first trial, changing the purpose of the second instance to revision, adopting the Writ of Certiorari or appealing under approbation at the third instance, and enhancing the evidentiary rule and cross-examination under the adversary system. To achieve this objective, our legislators actively develop relevant legislation, and gradually amended. Therefore, the study purports to the structure of trial system, and to investigate the following issues: 1. The discussion of current practices and deficiencies of the second instance, and the third instance The on-going second instance adopts wasteful re-litigation of factual issues. Therefore, the fast trial cannot be put in practice and the repeat of trial may leads to the first trial to be chaffy. Besides, requests the reason to appeal in the second instance, may make the damage on national. Finally, with regard to the revision of the second instance, the third instance should transform itself into a strict legal trial, and the relating devices should be adjusted too. 2. Investigate the Criminal Speedy Trial Act To protect the right for speedy trial that provides the defendants with procedural due process and fair judgment, our legislator establish The Criminal Speedy Trial Act. Since it is not long before this Act enforced, and the concerning judgments are not clear and specific, the study intend to discuss the articles of this Act and current judgments. 3. The restructure and revolution of the criminal appellate system in the future In order to make people to believe our criminal justice, the legislators try to reform into the national assessor system. Through national participation in the trial, to avoid the arbitrariness of judges, and look forward to judge the results of public opinion closer to the ideal of social perspectives and the implementation of judicial democracy. The study will investigate the national participation in the trial system. Last, the study will address the restructure and revolution of the criminal appellate system in the future.