Research On The Merger Trial System In Taiwan

The so-called merger trial is a case in which two or more single cases are involved in a court,and a system in which the judges use the same proceedings is merged.In fact,it is the case in each department and the merger confirms whether there is a national penalty.Merger trials have positive significance for improving the efficiency of lawsuits and clarifying the facts of the cases.On the one hand,there is no complete norm in the legal provisions of the mainland.On the other hand,in the judicial practice,there are endless criminal mergers and separations.There are many cases of improper mergers and improper separations that need to be regulated.From the perspective of comparison,China's Taiwan region has established a relatively complete merger judicature system.While satisfying the need for handling criminal cases,it has also endeavored to establish legal protection for citizens' basic rights.It is of great theoretical significance to explore the Taiwanese regional merger judgment system.Its rule-of-law experience and lessons have great reference value for the construction of relevant systems in mainland China.In addition to the introduction and conclusion,this article consists of four parts,with a total of about 33,000 words.The first part provides a brief overview of the joint trial system.The concept of joint trials has not been explicitly put forward in mainland China.Therefore,this article will first define the concept of joint trials and clarify the relationship with the concepts of merger jurisdiction and separation of trials.Secondly,it elaborates on the principles that should be adhered to in the joint trial and analyzes the legitimacy and limitations of the combined trial.The second part is to sort out the content of the merger trial system in Taiwan.Before and after the revision of the law in the Taiwan region,the merger review system was perfected twice.The traditional concept of the merger trial is the merger of the implicated cases,followed by the addition of mergers,separation of investigation evidence or deliberation procedures,which adds legal separation to the trial.Therefore,it is necessary to compare and analyze the secondary contents along the course of revision.Based on this,the author puts forward the characteristics of Taiwan's merger judgment system.First,it has a wide range of institutional norms and parallels the merger and separation model.Second,it focuses on the values of power and rights.Balance,the defendant has the right to choose the procedure.Of course,the corresponding problems also exist in two aspects: First,in the choice of institutional values,the combined trial system is biased toward the maintenance of power,which is embodied in the fact that the provisions of the separation procedure are not comprehensive,and the intensity is not complete.It is only an objective separation procedure.Separation,and the defendant's participation in sexual rights is not enough.Second,from the practical operation,due to the lack of clear separation standards,lack of operability.The third part analyzes the problem of the current merger trial in mainland China.Although there is no explicit proposal for a joint trial system in the mainland,the "Criminal Procedure Law" stipulates the merger of related cases,which also provides the feasibility of drawing lessons from Taiwan's experience.Through practical investigations,the author finds that there are three problems in the mainland region: First,the merger trial and separation trial are misused,improper merger and improper separation occur;Second,the divisional criteria are arbitrarily large and prone to rent-seeking for power.Third,the defendant's right to cross-examination is lacking and lacks remedies.The fourth part,based on the experience and lessons of Taiwan,provides reference for the improvement of the merger trial in the mainland.It can be improved from four aspects: first,clarify the relevance of the case and separate legal reasons for the trial,so as to clarify the conditions for the application of the case,and to solve the problem of confusion between the case and the division;Divisional criteria for division of cases,to consolidate the institutional basis for the classification of cases;third,to strengthen the protection and relief of the defendant's cross-examination rights;Fourth,to establish a supporting coordination mechanism,especially the rules of evidence,in order to promote the implementation of the divisional system.