Rethinking the Necessity of Criminal Protection of Marriage

• Main Authors: Meng-Hung Lin, 林盟浤
• Other Authors: 蔡蕙芳
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/53770026896103196097

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 104 === Article 239 of the Penal Code makes adultery a criminal act carrying a prison sentence of up to one year. There are a few questions that deserve discussion. What is the protected legal interest of the offense of adultery？ Does the "Strafwürdigkeit" of adultery exist ? Is it consistent with the principle of proportionality? Is adultery ban unconstitutional? The decriminalization of Adultery has been a popular subject in history. Judicial Yuan Interpretation No. 554 has recognized that the freedom of sexual behavior is subject to the restriction of marriage and the family system. The thesis attempts to re-examine Judicial Yuan Interpretation No. 554 and aims to explore the reason of decriminalization of adultery. Besides, focuses on the discussion of the linkage between theory and practices by way of researching court opinions form five major citiesy in Taiwan. Finally, the thesis provides the proposed amendment of the offense of adultery.