刑事訴訟法律制度是與人民基本權利關係最為密切的法律制度之一,且是憲法規定具體之實踐;同時也涉及國家刑罰權能否有效貫徹實施。在司法改革的大纛之下,近年來,我國刑事訴訟法歷經多次修正之後,據官方說法,已經成為所謂折衷於職權進行主義與當事人進行主義之間的改良式當事人主義。歷經過去數年多次重大修正,刑事訴訟法引進相當多國外之法律制度,再加上司法院所謂的配套措施,現行刑事訴訟法複雜程度已遠勝於以往,例如強制處分、緩起訴處分、交付審判、起訴審查、傳聞法則、證據禁止、交互詰問、協商程序等新修規定,由於大多參考國外法制,不但徹底改變刑事訴訟面貌,而且大大增加對其理解之難度。國家制裁犯罪人、發動刑罰權,係為發現真實、追求社會正義的實現,而在法治國原則的積極落實下,為保障人權,即必須透過正當法律程序予以實踐。是故,如何在社會正義與人權保障間取得一個平衡穩定的立基點,即為學習刑事訴訟法所欲關心的主要課題。刑事程序,同時兼顧事實之真實發現與刑事被告之人權保障,本課程的教學目標即以上述課題為授課中心作為開展,接著並針對刑事訴訟之重要理論及法律規定加以介紹,闡明基本概念之學說爭議與實務新解,使學生熟悉法定程序之體系架構與實務操作,對於刑事訴訟制度及我國之現行刑事訴訟制度之理論與實務運作有基礎之瞭解,同時藉由課堂討論,強化學生之提問及運用邏輯思考解決問題之能力,建立對刑事訴訟法本質之正確認知,體會民主法治國保障人民基本權利之真諦。
《 課程簡介 -- English 》
The criminal procedure legal system is one of the legal systems most closely related to the basic rights of the people, and it is the specific practice of the Constitution; it also concerns whether the state's criminal power can be effectively implemented. Under the umbrella of judicial reform, my country's Criminal Procedure Law has been amended several times in recent years. According to official accounts, it has become a so-called reformed party doctrine that compromises between the progressive doctrine of authority and the progressive doctrine of the parties. After several major revisions over the past few years, the Criminal Procedure Law has introduced quite a few foreign legal systems, and coupled with the so-called supporting measures by the Judicial Yuan, the current Criminal Procedure Law is far more complex than before, such as compulsory punishment, deferred prosecution punishment, The newly revised regulations, such as submission to trial, prosecution review, hearsay rule, evidence prohibition, cross-examination, negotiation procedure, etc., mostly refer to foreign legal systems, which not only completely changes the face of criminal proceedings, but also greatly increases the difficulty of understanding them The state punishes offenders and invokes the power of punishment in order to discover the truth and pursue the realization of social justice. Under the active implementation of the principle of the rule of law, in order to protect human rights, it must be practiced through due legal procedures. Therefore, how to achieve a balanced and stable foundation between social justice and human rights protection is the main topic of concern for studying criminal procedure law. Criminal procedure, while taking into account the real discovery of facts and the protection of human rights of criminal defendants, the teaching goal of this course is to focus on the above topics as the teaching center, and then introduce important theories and legal provisions of criminal proceedings to clarify the basic concepts of the theory The new interpretation of disputes and practice enables students to be familiar with the system structure and practical operation of legal procedures, and have a basic understanding of the criminal procedure system and the theoretical and practical operation of the current criminal procedure system in my country. Use the ability of logical thinking to solve problems, establish a correct understanding of the nature of criminal procedure law, and realize the true meaning of democracy and the rule of law to protect people's basic rights
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