By takes into custody limit the period
| Autor: | Shih Yuchun, 施玉春 |
|---|---|
| Rok vydání: | 2012 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 100 Human rights, are the Pu world value, is rooted in humanity's moral outlook; The respect judicature, power and responsibility of the enhancement judicial organ, safeguards right of the people's, is goal of the modern country under the rule of law. However, the country for the implementation penalty power, in sends sees in the real process, very easy to overstep the human rights safeguard the demarcation line, has the conflict. Takes into custody is severest to the personal freedom also attacks the biggest compulsion punishment, truly takes into custody the system one of for crime detection methods, belongs to of a link country punishment power power. Line of the penalty power causes, to get up from the detection, investigates, the trial and the punishment execution, this a succession of criminal activity judicial process, the limit or deprives of precautionary measure the personal freedom, is sues for most often the utilization criminal activity investigates the method. The country is for safeguards people's right to suppose, how in defends the people's right, stability of under the legal system foreword, penetrates the fair judicial process, equality of spirit the implementation constitution, protects and respects the people's dignity and the right, up to prevents the miscarriage of justice, enables discovers really, becomes the criminal prosecution the important topic. Because takes into custody deprives the personal freedom, since long ago receives the attention. Take our country modern times judicature in two famous criminal cases, Liu Chen case and Su Chien huo and the document as examples, inspires our thinking deeply: Why does a criminal case have been through repeatedly more than 20 years trying, still was unable to determine the decision? Is the police examines the evidence investigation insufficiency, or is court trying lazy delays? Why takes into custody the period may long amount to for more than 20 years, even degenerates into unlimited time takes into custody? Actually is the legal surface question, perhaps system operation surface judicature personnel's question? Many question pendings unties. Based on to concern the human rights safeguard, opens us related “takes into custody limit the period” to the lex lata the concern. Therefore the present paper, for will embark first from the human rights safeguard, discusses it to send with the criminal activity sees the real conflict; The next best, takes into custody the procedure function, the elaboration takes into custody limit the period question; Again is next, in April 23，2010 3rd reads examines the consideration to pass the criminal proper trial law, including limits shrinks in the trial the criminal case defendant to take into custody the deadline, and the public prosecutor appeal right, after will discuss the criminal activity properly fast to examine execution the law, to present will take into custody impact the deadline stipulation; End, to present takes into custody the practice operation to carry on the self-criticism, by will be connected the law as the future to repair suggestion the law. Key words: Takes into custody, The human rights safeguard, Sends sees real, The compulsion punishment, Takes into custody the period, Takes into custody the period limit, Criminal proper trial law, Fast examines |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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