Research on the second instance of appeal- Focusing on the study of the second trial system of the Judicial Yuan

• Main Authors: Tsai,Ting-Ting, 蔡婷婷
• Other Authors: Ke, Yaw-Cheng
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/08834303903429237727

碩士 === 國立中正大學 === 法律學研究所 === 101 === Considering the structure of the criminal procedure of second instance, under legislative (law) case, there are three types of trial systems, being 'trial de novo', 'continuative trial by higher tribunal', and 'revision'. Criminal procedure law has been deeply influenced by civil law, particularly on the concept of a very profound doctrine, which focuses on real discovery. As a result of the structure of the criminal procedure of the second instance being nearly identical to the civil law, it has adopted the system of review. Under this procedure, if the appellants appeal, the court of second instance must reiterate the full and complete trial. Thus the appeal of the system will disregard the results of the first trial considering the client and defendant. Which will result in a greater burden on the second trial, and may allow an opportunity for the client to destroy, forge, tamper with the evidence, and/or the witness, which may in turn, create false truths. Thus, the second trial conducted by the system will be required to redo all procedures and will result in actions deemed unnecessary and a waste of resources. As of July 4th, 2007, under the Code of Criminal Procedure, Article 361, Section 3, Section 2, and Section 367, if the client wishes to appeal to court, he/she must produce sufficient evidence and/or solid reasoning to appeal to the court. So if the current system of 'trial de novo' shall be reconsidered into being modified into 'revision', this adjustment must be discussed in a serious matter, and must take into consideration consequences and repercussions of this action. This paper summarizes the function of Criminal Appeals, as it begins to explore the second instance, deals with the structure of the second instance appeal system, and discusses the legislative purpose of these three systems. Along with the advantages and disadvantages of these following actions, the Judicial Yuan second instance appeals for review of draft reference. Criminal Appeals will explore the country's second trial structure, by his own country's legal system, to explore the second instance's appropriateness of amending this law, followed by empirical statistics and empirical analysis to explore the structure of criminal appellate proceedings, noting that the current problems faced by the second instance . Then the Judicial Criminal Appellate drafts amendments to the relevant part of the appeal with the second instance, to look into all, try to shift to post-draft analysis of the pros and cons of the trial, and discusses the pros and cons of the draft amendments proposed as to amending the law and recommendations for criminal second instance appeals amended reference