Academic literature on the topic '刑事司法'

The most conspicuous change in Hong Kong juvenile justice in recent decades is to divert the offenders from the courts by relaxing the use of the Police Superintendent Discretion Scheme. Nevertheless, the fundamentals of the traditional criminal justice system remain unchanged. Hong Kong has not yet incorporated restorative justice into the criminal justice system. The article discusses restorative justice and explores the feasibility of its adoption in Hong Kong. The authors argue that restorative justice can benefit Hong Kong and professionals can adopt it in our everyday work before formal restorative justice is supported. 香港青少年司法在近數十年最顯著的改變是加强了警司警誡令的運用，讓更多違法青少年得到分流處理，不需要一一予以刑事審理。然而，傳統的刑事司法系統的基礎卻沒有根本改變。香港刑事司法制度現時還未正式引進復和公義。文章探討復和公義和其應用在香港的可行性。作者認爲復和公義的引進能使香港社會得益。在未獲政府正式支持前，專業人士仍然能在他們日常工作中善用復和公義來發揮它的作用。

香港的刑事责任年龄是七岁，即七岁以下的儿童，是不会被推定为有罪。这刑责年龄是国际标准上最低之一。近日本地的法律改革委员会建议将它提高至十岁，香港儿童权利委员会更建议以十四岁为刑责年龄。提高刑责年龄的后果，是所有在法定刑责年龄以下的违法少年都不再需要负法律责任，他们不需要经警司警诫或司法审讯，极其量只能由少年法庭引用保护令来保护他们。本文讨论影响青少年犯罪的三种重要因素，现时处理违法少年的方法，和在研究提高刑责年龄的可行性时，在少年司法制度中需要考虑的因素，特别是在没有彻底改善现行的少年司法制度时，广泛地运用保护令所带出之问题，最后建议一些处理方法。 In Hong Kong, the age of criminal responsibility is seven, i.e. any person aged below seven shall not be convicted of a crime. This age is one of the lowest in the world. Recently, the Law Reform Commission has recommended to raise the age to ten; the Committee on Children's Rights even suggested raising it to 14. If the age of criminal responsibility is to be raised, juvenile offenders would no longer be cautioned by the police or prosecuted in the juvenile court, although care or protection order can be granted o them. This article outlines the major factors affecting juvenile crimes and the current methods in handling juvenile offenders. It also identifies several crucial factors for consideration, in particular the negative effect of using care or protection order when no substantial improvement in the juvenile justice system has been made, if the age of criminal responsibility is to be raised. Several recommendations to improve the juvenile justice system are highlighted too.

Kyoto University (京都大学)
0048
新制・課程博士
博士(人間・環境学)
甲第16934号
人博第577号
新制||人||139(附属図書館)
23||人博||577(吉田南総合図書館)
29609
京都大学大学院人間・環境学研究科文化・地域環境学専攻
(主査)教授 田邊 玲子, 教授 高橋 由典, 教授 小山 静子, 准教授 小畑 史子
学位規則第4条第1項該当

碩士
國立海洋大學
海洋法律研究所
90
Abstract The“foreign—related elements”of an international crime refer to situations where the offender, victim, concerned party, crime scene or the final crime scene has a connection to a foreign country, which therefore involves the jurisdiction of another country affecting the criminal jurisdiction, investigation, progress of a suit and the implementation of the punishment. Since the international crime involves another country, the evidence, witnesses, and even the offender are often not located in the local jurisdiction. As a result, the local judicial authorities are unable to proceed with the investigation or trial of the crime, or even when the investigating agencies decide to conduct an investigation, there may be insufficient evidence to obtain a conviction. Or even worse, no sentence may be enforced because the offender is physically residing outside of the country. To address this issue, bi-lateral or multi-lateral criminal agreements are entered into by and between a number of countries. Therefore ”international legal assistance in criminal matters” was established and gradually played an increasingly important role in international law today. This thesis was initially inspired by the fact that the two sides of the strait have been separated for more than half a century. With the lifting of the Martial Law in 1987 and the removal of restrictions on Taiwanese to visit Mainland China, interaction between the two sides have became more frequent. In addition to the commonly seen hi-jacking in previous years, business or travel and fishing disputes involving people from both sides of the strait now occur even more often than before. More recently, the Taiwan Government’s crackdown on organized crime forced a number of Taiwanese gang members to flee to Mainland China. Moreover, criminal networks conducting illegal immigration and smuggling has brought grave concern about the safety of both societies. It is imperative that both sides engage in international legal assistance in criminal matters to crack down on such crime. Under the current circumstance where there is political deadlock between both sides of the strait and neither side recognizes the other’s jurisdiction, the intention of the thesis is to devise a practical means acceptable to both sides based on the theoretical system of international legal assistance in criminal matters to handle the criminal matters involving both sides, where no sovereignty is concerned. Any experience and beneficial interaction in this aspect may serve a basis for entering into formal agreements between both sides in the future. The scope and methodology of the thesis stem from the theory of international legal assistance in criminal matters. Emphasis will be given to extradition of criminals and the theory of minor legal assistance rather than issue of sovereignty since both sides are currently under separate regimes. The current major patterns of international legal assistance in criminal matters will be introduced, as well as the similarity and differences among the theories and practices of various sovereign entities and federations, followed by any analysis of the principle of international legal assistance in criminal matters. Further discussion will be made based on the theory of international legal assistance in criminal matters to explore the necessity and difficulties facing the international legal assistance in criminal matters of both sides and the paractice of such assistance. The fundamental principles that both sides shall follow will also discussed. On the other hand, the sovereignty issues involving both sides will not be discussed. Emphasis will be given to the feasibility, necessity, and the difficulties facing both sides when entering into agreement of legal assistance in criminal matters. In addition, the binding power and scope of such agreement will be studied. Finally, a review and suggestions will be made toward the current international legal assistance in criminal matters between both sides. This thesis include 6 chapters as set forth in the following structure: Chapter 1: Introduction: the inspiration and purpose of the thesis and the scope and methodology of the research. Chapter 2: the origin, content, fundamental principle and patterns of the international legal assistance in criminal matters, hoping to gain more understand of the theory and practice of international legal assistance in criminal matters. Chapter 3: to explore the similarity and differences of the legal assistance patterns in criminal matters among East Germany and West Germany, before the unification, and the states of the United States of America based on the theory of criminal law application for separated nations. Moreover , to review the possibility of applicability of the said system with respect to the legal assistance in criminal matters between both sides. Chapter 4: to explore the necessity of legal assistance in criminal matters in connection with the current legal and criminal issues between the two sides of the strait. To study the impact the Kinmen Agreement, International Criminal Police Organization, Association for Relations across the Taiwan Strait and Straits Exchange Foundation may have on the legal assistance in criminal matters between both sides in the current stage, and the applicable scope of such assistance. Chapter 5: with respect to the theory of international legal assistance in criminal matters and the current practice of such assistance between both stages, to establish the principle of handling criminal cases involving Mainland China as the foundation for negotiation between Taiwan and Mainland China. Furthermore, to study the feasibility, necessity, scope and legal effectiveness for both sides to enter into agreements of legal assistance in criminal matters. Chapter 6: Conclusion: in view of the current political standoff between both sides, they should set asides sovereignty issue for the time being and redefine the nationality principle in the criminal law in a more practical approach. Because lacking of fully negotiation for both sides now, it is suggested to employ principle of international assistance in criminal matters. By means of local legislation in each sovereign state, relevant legal assistance regulations may be established. Cooperation on a case-by-case basis may be initiated through related international organizations. Through experiences and cooperation patterns suggested above is established between both sides, the legal assistance in criminal matters may enter a new era and such progress shall serve as foundation for both sides to enter into possible formal agreements in the near future.