| Summary: | 碩士 === 國立高雄大學 === 政治法律學系碩士班 === 107 === The heavy workload for prosecutors is partly due to many frivolous cases. Our criminal litigation system is based on public prosecution first as the prosecutor will act legally in case of any action, report, confession (surrender) or other suspect. As a result, whoever files a complaint, report or merely words, even no evidence and the like enclosed, without any action cost, Prosecutors Office will accept and investigate in practice. This process misleads some opportunistic civilians to abuse criminal litigation to solve their civil issues leading to tons of complaints and reports pouring into Prosecutors Office. In fact, some litigious people do exist who disguise their personal debts as fraud or encroachment and take advantage of public prosecution represented by prosecutors so as to request the prosecutor to summon, arrest with a warrant and even want for their debtors. On the other hand, some mentally-ill people frequently come to file that bring about burden on prosecutors. In short, they hinder sophisticate investigation in terms of juristic reform.
The study explores the issues discussed in Juridical Reform Convention in addition to trifling lawsuits in practice. For example, gratuitous criminal litigation instead of non-gratuitous, offense against reputation and credit, and adultery is not guilty, and if it is against constitution when prosecutor closes trivial case. Those issues deserve academic opinions.
Furthermore, it had better take local scenarios and legal system into consideration referring to foreign legislation cases. Meanwhile, the related superficial view and measures and possible negatives upon enforcement are elaborated. In conclusion, it is hoped that more scholars work together to explore how to reduce the current phonemes of abuse and prosecutors focus on major criminal cases or offense by the rich and powerful as well as juridical resource is reasonably allocated to attain sophisticate investigation.
|
|---|
