The Application of the Principle of Due Process of Law in Juvenile Proceeding Act

• Main Authors: Shih,Jia-Chi, 石家齊
• Other Authors: Liao,Cheng-Hao
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/57237180338774744798

碩士 === 國立臺北大學 === 法律學系一般生組 === 99 === The main goal of this article is to examine the implement of principle of due process in Juvenile Proceeding Act in Taiwan. To achieve this goal, it’s primary to determine whether principle of due process in Juvenile Code should differ from that in adult judiciary. If principle of due process in Juvenile Code shouldn’t be the counterpart of that in adult judicature, it’s necessary to clarify the concerns that support the differentiation of the two systems. The attempt of figuring out what principle of due process in Juvenile Code is would be made in some aspects. First, this article focuses on discussing the spirit of principle of due process, the most fundamental part of this inquiry. We research on the theory, the comparative law, and then, the enforcement of due process of law in our Constitution. It leads to the conclusions that although it’s hard to strictly define the content of principle of due process, we deem there’s a bottom line within its spirit. In addition, there’s still flexibility while sticking to the bottom line. Another conclusion in this article affirms the existence of due process of law in Constitution of ROC. Due process of law demonstrates important constitutional spirit. Second, this article refers to the relative experiences in the U.S and Japan, the two influential countries on the development of Juvenile Code in Taiwan. Observing the evolvement of Juvenile Code in these two countries helps us get better insight into the main issue of this article—should principle of due process in Juvenile Code differ from that in adult judiciary? By observing the history of the enactment of Juvenile Proceeding Act in these two countries, we understand how “social and political background,” “delinquency policy” and “due process of law” interact with and influence one another. Therefore we deem due process of law in Juvenile Code to be mobile and deeply influenced by delinquency policy. Furthermore, the theoretical discussion of the adequate adjustment of due process of law under the protective tendency about delinquency is presented. This article indicates the bottom line within principle of due process should remain unshakable even under such protective atmosphere. However, above the bottom line, there indeed are conflicts among due process of law and the purpose of juvenile protection. In conclusion, the differentiation between the design of due process of law in Juvenile Code and that in adult judiciary is essential for the goal of juvenile protection. As for the direction of adjustment, this article suggests simulating the spirit of Mathews’ Three-Factor Balancing Test under the regulations of Constitution. Last but not the least, this article examines the current status of due process of law in Juvenile Proceeding Act in Taiwan. In regard to the criterion of measuring the enactment and implement of due process of law in Juvenile Proceeding Act in Taiwan, the article suggests considering Article 8 as the basic guidelines coordinating with reasonable Hearing and independent adjudicator. What’s more, the incorporation of the goal of juvenile protection with the spirit of due process of law can serve as another important measurement. This article aims at examining the implement of due process of law of juvenile by providing reviews and suggestions towards some important issues from another aspect of juvenile protection.