The Study On The Effect Control Of Illegal Evidence

Illegal evidences are usually significant informations that can prove historical facts, and can decisively influence the sentences laid on a criminal. Excluding illegal evidences will render historical facts unrepeatable, and may free the criminals from legal enforcement. Although excluding illegal evidence seems disadvantageous, it is a topic currently debated in the academics all over the world. This shows that the exclusion of illegal evidence must have its value; undoubtedly, this value lies in the protection of human rights.In order to protect human rights, it is acceptable to sacrifice part of social justice. The problem lies on the proportion of social justice that we can bear to sacrifice in order to protect human rights; this stems the debate on the balance between social justice and human right protection. The degree of effect on illegal evidence is the main topic discussed in this thesis.Most models use“trade-off theory”as the basis to evaluate the effect of illegal evidences. However, after evaluations based on the“trade-off theory”, a constitutional law which serves to protect the citizens from intrusion of illegal acts is usually interpreted as a mechanism of protecting the rights of the criminals. Based on such falsified evaluation, the value of exclusion of illegal evidence is masked. In this thesis, the practice of juridical system in Taiwan is used as an example to explain the potential juridical hazard that could develop from the“trade-off theory”, at the same time analyzing how humanities work, in order to attain a solution for the juridical hazard.This thesis is divided in to seven chapters:Chapter 1: Introduction. This chapter introduces the overall structure of this thesis and provides a political and cultural background for the development of Taiwan's juridical system. Using this information as a step stone to understand, the motivation, purpose and methodologies of conducting this research is discussed.Chapter 2: Brief discussion on the principles of illegal evidence exclusion. In this chapter, examples of exclutionary rule in the United States are illustrated, along with various examples and theories in other countries as to how the exclutionary rules are practiced. The basic theories found from those examples are then used to evaluate the pros and cons of“trade-off theory”in Taiwan's practice of the juridical system.Chapter 3: The evolution of Taiwan's juridical system and its relationship to illegal evidence. In this chapter, the history of the evolution of Taiwan's juridical system is discussed in order to understand how illegal evidence exclusion could be practiced in the juridical system. Without such discussion, it is difficult to understand the sociopolitical factors that will lead to the juridical hazard in Taiwan; furthermore, it will be impossible to explain the solution to the juridical hazard.Chapter 4: Illegal evidence exclusion in early Taiwan's juridical system. Illegal evidence exclusion is a systemic theory that focuses on enhancing human right protection. Even in a society that is not yet practicing exclutionary rule, there are still related regulations that serve to protect human right. In this chapter, the mechanisms of human right protection in Taiwan before the introduction of illegal evidence exclusion is discussed; this chapter also serves as a link to the discussion of Taiwan's human right protection mechanism after the introduction of illegal evidence exclusion.Chapter 5: Legalization of illegal evidence exclusion in Taiwan. In this chapter, the legislation history and content of illegal evidence exclusion in Taiwan will be discussed, at the same time discussing the actual practices on different modes of illegal evidence exclusion in Taiwan.Chapter 6: A view on the effect control system of illegal evidence in Taiwan. This chapter probes in to the actual practice of illegal evidence exclusion in Taiwan, and compares the way it is done in Taiwan to contemporary basic theories of illegal evidence exclusion. The problems developed from“theory of trade-off”practiced in Taiwan is precisely pointed out, and a solution stemed from humanities for the crisis of a“monstrous juridical power”is offered.Chapter 7: Conclusion. Currently, the juridical system in Taiwan is almost fully developed. However, realization of the ideal juridical system depends completely on the judges who interpret the juridical system. In this sense, it is difficult to tell whether the society is governed by its justice system or by a group of judges who exercise the juridical system. In this chapter, an equal distribution of authority among judges in regard to illegal evidence exclusion is suggested. Employing the functions of the legal system itself could balance the instinctive heroism of the judges, and a truly“just court”would become possible.