The Study on Victim Participation in Criminal Proceeding －A Proposal for Enhancement of Victim Participation in Taiwan

• Main Authors: Cheng, Wen-Yu, 程文妤
• Other Authors: Lien, Meng-Chi
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/668vex

碩士 === 國立清華大學 === 科技法律研究所 === 107 === The situation is that victims of crime usually don’t get much attention throughout the criminal procedure, having no access to their cases even they were the ones who deeply hurt by the crime. The consequence of a crime is not only a violation against society or the state but also a violation of the victim’s human right, so the victim might have a concern of the crime which is completely different from the prosecutor. That’s the reason why we have to recognize the victim participation in criminal proceeding, giving victims a way to speak out their opinions so that their voices can be heard and be treated with more respect. Accordingly, this thesis mainly focuses on the establishment of the victim participation in Taiwan. Take Germany and Japan as references, we can find that the character of victim participation in Germany is more inclined to regard a victim as a litigant comparing to the victim participation in Japan based on the difference in legal system between Germany (inquisitorial system) and Japan (adversarial system). Since Taiwan has developed a new kind of legal system called “refined adversarial system”, there will be a question about how to adapt the victim participation to our criminal procedure. Having regard to the protection of victims’ rights, fully participation is the way to accomplish the purpose. From this point of view, presenting and reviewing the evidence, submitting declarations, examining witnesses, and filing an appeal are the necessary litigant right of victims. In addition, according to the research in this thesis, the victim participating in the criminal proceeding as a litigant is totally feasible no matter what the legal system is. Therefore, there’s no doubt that victim has the right to participate in criminal proceeding as a status of litigant.