The Research on Preliminary Proceeding of Criminal Procedure－Focusing on the Admissibility of Evidence

• Main Authors: JAN,CHI-CHANG, 冉其昌
• Other Authors: HUANG,CHAU-YI
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/284vpt

碩士 === 東吳大學 === 法律學系 === 105 === Preliminary proceeding of criminal procedure can promote trial to be concentrated and proceed fast. However, our country’s preliminary proceeding is not used well, and causes our first trial to overtake its burden. Therefore, no matter from the view of concentrated trial or the view of speedy trail right, we ought to improve our preliminary proceeding. Because the commission judge cannot make a decision of admissibility of evidence in the preliminary proceeding, our preliminary proceeding excises like an exchange of opinions. Therefore, my paper is focus on investigating admissibility of evidence in the preliminary proceeding. The solution is giving the commission judge the authority to make a decision of admissibility of evidence in the preliminary proceeding. Moreover, constructs the objection procedure by analogizing the Article 288-3 of criminal procedure to give the party opportunities for disagreeing. Therefore, my paper’s chapter 1 is about motive of study and question awareness. Chapter 2 is about presumption of innocence, concentrated trial, speedy trail right, and searching for the connection with preliminary proceeding. Chapter 3 is about the Japanese preliminary proceeding, and focusing on its discovery procedure. Then, compare Japanese preliminary proceeding with ours, and find difference between them. According to that, we can find out the issue of our preliminary proceeding. Chapter 4 is about investigating the admissibility of evidence in the preliminary proceeding and finding out the ways of improvement or suggestion. Chapter 5 is the conclusion of my paper.