The Research of Compulsory Defense in Legal Aid System

• Main Authors: Chin,Ko-Wei, 金克威
• Other Authors: Chou,Chih-Hung
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/37918110016095597854

碩士 === 國立臺北教育大學 === 文教法律研究所 === 99 === According to Article 16 of the Constitution Law, people have the rights on petition, administrative appeal, and litigation. The implementation of legal aid system, following the conclusion of National Judicial Reform Conference in 1999, gives these rights substantial protection. Taiwan, considering the preservation of human right as a priority , is committed to protect defendant’s rights in criminal justice , for which the legal aid system plays an important role. However, poor integration of multiple sources in criminal justice system could downplayed this commitment . This dissertation will compare legal aid systems of Taiwan and other countries to figure out which types of organizations, sources, and ways of protecting defendant’s rights could work effectively for compulsory defense cases in Taiwan’s legal aid system. It will also discuss pros and cons of each individual source set up for the compulsory defense by analyzing the viewpoints of judges, prosecutors, lawyers and public defendants. This dissertation will suggest the need to expand the range of compulsory defense, and provide a workable outline for delivering better legal aid services in the compulsory defense cases.