The Rights Protection Of Criminal Defendants Under The Concept Of Impartial Tribunal

• Main Authors: LU,Chun-Liang, 盧俊良
• Other Authors: Hwang,Jau-Yih
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/48294039810132759253

碩士 === 國防大學管理學院 === 法律學系 === 100 === The concept of impartial tribunal is a claim for achieving the criminal defendants' fair trial rights. The concrete practice which achieve the concept should focus on the fairness and neutrality of the organization of courts, and the procedural equality between the both adversary. "The National Conference on Judicial Reform" in 1999, although our country established the direction of reform which construct and meet the people's trust "Impartial Tribunal", and continued implementing a series of judicial reforms, hoped to make the Criminal Procedure Code to become the law which contain efficacious prosecution of offences, maintain public security and protection of human rights. But we observed the content of related reform, and could be found this reform that is ignored the concept of impartial tribunal which is claimed the court resolutions should be impartial and neutral. While in that reform we still execute the systems which the record and exhibits shall be sent therewith to the court that may let the judge produce prejudge and bias before trial, and destory the judges' mentality of the Presumption of Innocence, and prejudice the judges' impartiality, and lead to the result that the existing procedures for the operation is still contrary to the concept of impartial tribunal, thereby affect the implement of protected defendants' rights. Therefore, this article intends to make the concept of impartial tribunal as a basis, and explore the structure of national criminal justice organizations and related procedures under the concept which is practiced, and through these organizations and procedures to concrete implement the protection of defendants' rights. Finally, we integrate the investigative result in each chapter to re-examine the existing criminal justice organizations and proceedings in our country, explain the inadequacies of current system which protected defendants' rights and put forward suggestions, and hope to build a system of criminal proceedings which correspond the concept of impartial tribunal.