Comparative Application Study on Amendment of Criminal Code

• Main Authors: Yao-Yang Ge, 葛耀陽
• Other Authors: Man-Tang Hua
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/n8947x

碩士 === 東吳大學 === 法律學系 === 103 === Our Criminal Code has undergone a major reform in 2005, resulted in many problems in enforcement about from the need to decide between preexisting and new laws. The key issue stems from the revised general principal of criminal law including new specification for determining favorable and unfavorable factors for defendants’ behavior. How to determine the most suitable law will become a difficult problem. Although in the year 2006, the Supreme Court has made 8th tribunal resolution for guidance to resolve this problem during the transitional period, some academics differ in their opinions regarding the Supreme Court resolution. There is very little discussion in the literature regarding comparative application on amendment of Criminal Code when compared to the issue of theory of criminal code. But in the practice these amendments have profound and meaningful on the human rights of the defendants . This article try to introduce the relevant theoretical and practical ideas, as put forth the views in this paper . The major aim of this paper is about looking forward to resolving the issues in the amendment which can be helpful in the practiced area.