延續上學期的課程內容,上學期若仍有未講受完畢的進度,本學期的前一二堂課會繼續加以延續.本學期將實質進入強制處分及證據之部分,由於此一部分為刑事訴訟程序之重點,不論是在國家考試,或是學說理論及實務判決爭論之部分,此一部分將以較多的時間用以探討。另外關於偵查程序及審判程序規定之部分.在偵查程序上,包含檢察官的不起訴處分,緩起訴處分以及起訴處分,其中含包含告訴效力問題的探討.在審判程序,則包含第一審、上訴審規定之重要概念將於課程中適時予以介紹
《 課程簡介 -- English 》
Criminal procedure law is the procedural rules for the prosecution and trial of crimes, and is closely related to the realization of legal justice, the protection of human rights and the prevention of crime.The criminal procedure legal system is one of the legal systems most closely related to the people's basic rights, and it is a specific practice stipulated in the Constitution; it also involves the effective implementation of the country's penal power. Under the banner of judicial reform, my country's criminal procedure law has been revised many times in recent years. According to official statements, it has become the so-called reformed party doctrine that compromises between the power-based process doctrine and the parties process doctrine. After many major revisions in the past few years, the Criminal Procedure Law has introduced many foreign legal systems. Coupled with the so-called supporting measures of the Judicial Yuan, the current Criminal Procedure Law has become far more complex than before, such as compulsory punishment, deferred prosecution punishment, and surrender. Most of the newly revised regulations on trial, prosecution review, hearsay rules, evidence suppression, cross-examination, and negotiation procedures 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 sanctions criminals and activates 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 when studying criminal procedure law. Criminal procedure takes into account both the true discovery of facts and the protection of human rights of criminal defendants. The teaching objectives of this course are to use the above topics as the teaching center. Then, it introduces the important theories and legal provisions of criminal procedure and explains the basic concepts of the theory. New interpretations of disputes and practices enable students to become familiar with the system structure and practical operations of legal procedures, and gain a basic understanding of the criminal procedure system and the theoretical and practical operations of China's current criminal procedure system. At the same time, through classroom discussions, students' questions and Use the ability to think logically and solve problems, establish a correct understanding of the nature of criminal procedure law, and understand the true meaning of democratic rule of law to protect the basic rights of the people.
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