Dissertations / Theses on the topic '刑事司法'

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.

碩士
國立東華大學
公共行政學系
105
Since the 1970s, restorative justice has become an important subject in the field of criminal justice in the West. In 2002, scholars introduced the concept of restorative justice into Taiwan. Later, in 2009, the Ministry of Justice approved the "Promote the Restorative Justice- Plan of Constructing the Dialogue Mechanism and Healing the Criminal Harm." In 2010, it announced the “Pilot Program to Implement the Restorative Justice, " Which is to be participate in the pilot in 8 Procurator Offices. Later, in 2012, the program was applied to all procurator offices in Taiwan. The idea of restorative justice has become an important subject in national judicial practice. With the pilot program having been implemented for three years and some problems revealed, this study attempts to explore the reasons and provide possible solutions through systematic investigation, research, and data analysis. In Chapter 2, it contains the introduction of the theory of restorative justice and the real practice, including Offender-Victim Mediation, Family Group Conferencing, Sentencing Circles, Community Restorative Boards. Also, chapter 2 contains the introduction of how New Zealand, Australia, Canada, Germany, Japan and other countries that imply the Restorative Justice, and that how their experiences have inspired Taiwan. In Chapter 3, this study will examine the criminal investigation procedures with the spirit of restorative justice, that is, mediation, deferred prosecution, and the pilot program to imply the restorative justice. Chapter 4 carries on the empirical analysis of the case organ and summarizes the full text in Chapter 5. The study found that the result of implying the restorative justice is not as ideal as expected. Also, it found that by doing the following things helps to promote the implementation of restorative justice: 1. Define the idea of restorative justice, 2. Regulate the application of restorative justice in relevant laws, 3. Unify the standard of opaeration, 4. Simplify the work process, 5. Increase the human resources of the practitioners, 6. Provide funds and appropriate incentives to strengthen the application of incentive theory.