The Special Credibility of Medical Documents- Based on Criminal Procedure Law §159-4

• Main Authors: LING-YAO LIN, 林玲瑤
• Other Authors: 蕭宏宜
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/sq9t4m

碩士 === 東吳大學 === 法律學系 === 107 === In Taiwan, there are various kinds of trustworthy documents in practice. The goal of this thesis is to analyze and review the opinions of the authorities through embodying the spirit of hearsay rule. By clarifying how to use trustworthy documents in the cases, and to identify "incidentally untrustworthy situation", "more credible special circumstances" and "trustworthy special circumstances", I could avoid unnecessary conflicts and apply the exceptions of hearsay rule directly. In order to build up the radical correct use of hearsay rule, we should try our best to do this work. The framework of this thesis is separated in five chapters. At first, I will give a bird's-eye view of the full text, and a brief summary of the research motivation, purposes and structure of the special letter. In the second chapter, I will introduce the hearsay evidence, and refer to the United States Federal Evidence Law, outline the rules of the hearsay, and then describe and compare the exceptions between Taiwan and the United States in the exception of the hearsay rules. In the third chapter, I would like to discuss the elements of Exclusionrule of Hearsay Evidence - ensuring its reliability, and compare the practical operation with the terms of Federal Evidence Law. The fourth chapter I will focus on Article 159-4, by analyzing the judgments of practical opinions in recent years on various types of hearsay documents, sorting out the essential elements and judgment criteria for the reliability, and listing the context of practical operations, I hope that I can propose important concepts and analyze them and type. Furthermore, medical documents could be tested their specification and feasibility of the legislative terms and judgment criteria. Finally, I will put forward the views the previous chapters in order to make a brief review and summary. Based on this, according to the case of clear opinions, I try to summarize the current understanding of the appearance of hearsay documents, the appropriateness of credibility and the appropriateness of the practical operation for providing the current development and reference for the revision and practice.