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Comparative Study On The Prevention Mechanism Of Criminal Grievance Both Sides Of The Taiwan Straits

Posted on:2015-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2296330467454355Subject:Procedural Law
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In recent years, the frequent occurrence of serious criminal case to torturejudicial impartiality and credibility of law in our country。 The incidence ofmiscarriage of justice not only greatly hurt innocent people’s legitimate rights andinterests, but also makes the real criminals continue to harm social stability. In viewof the adverse effects caused by the case, Mainland China improve the criminalgrievance prevention mechanism more perfect from the judicial idea, the evidencesystem, defense system, and investigation procedure.However, there are still someproblems,such as don’t make clear a regulation principle of direct verbal, resultingin low witnesses and expert witnesses to appear in court,judicial committee to discusscase. The judge independence is not security.The politics and law committeecoordinate case and public media influence the handling result in errors. Notestablished interrogation of the presence right of lawyer, the investigation stage oftorture to extract confessions and other illegal behavior of evidence collection to thelack of effective supervision.The procedure is not perfect, the identification systemstill exist problems. The existence of these problems make the criminal case is notprevented well, frequently affect the course of justice.Taiwan through judicial reform established a relatively perfect criminalgrievance prevention mechanism. First, Taiwan area improve the judicial idea,strengthen the idea of human rights protectionand the principle of presumption ofinnocence. Second, the specific measures are the revision of the evidence system,increasing the hearsay evidence rule, the revision of the exclusionary rule of illegalevidence and clearing the principle of free proof. Third,Taiwan improve the system, clear that the interrogators must fulfill the obligation to inform.They also improve theproduction of the interrogation record, increase provisions during recording video andperfect the appraisal system. Fourth,they improve the defense system to stipulate theinterrogation of the presence right of lawyer. Fifth, they improve the judicial system,construct the adversary trial model and realizate the independent of judges, toensure that the witness appearing in court.There are many similarities about clan origin, cultural background, socialtradition between Taiwan area and the mainland area. Therefore a preventionmechanism in Taiwan area compared with other countries is more reference. But thereare little research about the prevention mechanism of criminal case of in mainlandarea. After comparison, we found that there have certain similarities and differencesabout the criminal grievance prevention mechanism across the Taiwan strait. Thesimilarities lies in: pay attention to perfect the judicial idea, improve the defense,investigation, evidence of specific system.The incidence of miscarriage promotejudicial reform and build prevention mechanism. The differences lies in: trialmechanism and subject to promote the construction of prevention mechanism ofgrievance. In perfecting the mainland area of criminal errors prevention mechanism,we should absorb the experience of Taiwan. In the process of legal transplant weshould be combined with national conditions and pay attention to the essence andavoid formalism.At the same times,we should pay attention to supporting measuresand the improvement of system. We will make the mainland criminal grievanceprevention mechanism perfect from the principle of direct and verbal trial, lawyers ininvestigation and interrogation in the presence of power, improving the system,improving the rules of evidence, guaranteeing the mechanism of the judge’sindependent trial, and the establishment of the decision reason open system etc..
Keywords/Search Tags:the Criminal grievance, Prevention mechanism, bothsides of the Taiwan Straits, Comparative reference
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