Reconstruction of the Necessary Legal Representation System at Trial

• Main Authors: HSIAO,CHI-HSUN, 蕭啓訓
• Other Authors: LI,RONG-GENG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/8rke58

碩士 === 國立臺北大學 === 法律學系一般生組 === 108 === The necessary legal representation system has been implemented in Taiwan for 100 years. Although this system has undergone several revisions, it seems that few scholars have discussed this issue for a comprehensive discussion. In view of this, it caused my research motivation. Regarding the discussion of the necessary legal representation system, the most important and core issue is: What is the purpose of the necessary legal representation system? And under the purpose of this system, does Taiwan have to refer to the provisions of the United States law and admit that the defendant still has the right to proceed pro se under the framework of the necessary legal representation system? Furthermore, is there a need to review the provisions of the criminal procedure law on the scope of application of the necessary legal representation system at trial? In addition, although the appointed legal representation system is completely different from the necessary legal representation system, I believe that if the necessary legal representation system wants to achieve its goal, it should be based on a stable appointed legal representation procedure. Therefore, that part also needs to be discussed together. To sum up, I hope that through all discussion that can bring a new reform path for Taiwan's the necessary legal representation system, and make the defendant's rights and interests stand on a more stable basis.