论中国台湾地区刑事法中的推定

Presumption in Taiwan′s Criminal Law

鉴于中国台湾地区刑事实体法师承大陆法系而刑事诉讼制度转投英美法系的现状,其推定制度有其独特性,作为分析的样本具有一定的代表性。本文从推定与犯罪构成的关系、法律推定与事实推定、推定的限制等方面,详细阐述了中国台湾地区相关的法制和法学发展,并提出对于中国大陆相关法律制度建立和完善的借鉴与启示作用:中国的犯罪构成理论亟待完善,事实推定与间接证据证明的关系需要厘清,推定的设置和使用都应当有所规制。

As the criminal law of the region of Taiwan is adopted from the civil law system, and its criminal procedural law is transplanted from the common law family, its presumption system is very special, which is worth analyzing. From the perspectives of the relationship between presumption and elements of crime, presumption in law, presumption in fact as well as the limits of presumption, this paper elaborates on the development in Taiwan＇s regulation and research in law, in the wish of benefiting related legislation in Chinese mainland. The theory of the components of crime needs to be improved, the relationship between presumption in fact and proof by indirect evidence needs clarification, and the creation and application of presumption should be subjected to restrictions.