轻微犯罪的程序改革比较研究——论台湾地区简易诉讼制度

Comparative Study of Procedural Reforms of Minor Crimes——On the Simple Litigation System in Taiwan

台湾地区刑事诉讼法经过多次修正,对被告人权的保障相当完善,而缜密的调查证据程序及繁复的交互诘问,更有助法院发现真实,使真相还原,不过,如果所有案件皆如此将造成法院无力负荷,反而使简易诉讼程序变为不可或缺。简易诉讼程序在实体正义及程序正义间寻求平衡,发挥减轻法院负担的功能,深受法官、检察官的欢迎,却也因其过于便利,使得法官、检察官认定是否符合简易诉讼制度要件时愈趋浮滥,甚至劝谕当事人认罪否则从重处罚,因而造就适用简易诉讼制度案件的低维持率,其中检察官准备不够周全即草率起诉,轻易遭法院宣告无罪,反而使罪犯逍遥法外之事,时有所闻,引起各界谴责声浪,最后反而加深人民对司法之不信任感,如此恶性循环下去。台湾地区简易诉讼制度虽一脉承袭日本之简易诉讼制度,条文也如日本规定得相当简单,简式审判甚至只有短短两条条文。台湾地区运用简易诉讼制度之情形,较日本多,适用范围则更广,惟于制度面尚不够周延,学界对于简易诉讼程序又不够重视,许多细节仍有待法理及实务惯例补足,实有待修法做更完整规范的必要。

After many amendments to the Criminal Procedure Law of Taiwan, the protection of the defendant＇s human rights is perfect, and the careful investigation of the evidence procedure and the complicated cross-examination will help the court to find the truth and restore the truth. However, if all cases like these will cause the court unable to load, but to make simple proceedings into an indispensable.The simple procedure seeks a balance between substantive justice and procedural justice, and the function of reducing the burden on the court is well received by the judge and the prosecutor. It is also too convenient for the judge and the prosecutor to judge whether or not it meets the requirements of the simple litigationsystem. And even urge the parties to plead guilty or else severely punished, resulting in the application of simple litigation system, the low maintenance rate of cases, in which the prosecutor is not prepared enough to hastily prosecuted, easily acquitted by the court, but the criminals impunity and sometimes be heard have caused all circles to condemn the sound, but in the end to deepen the people＇s distrust of the judiciary and lead to vicious cycle. Taiwan＇s simple litigation system, although a pulse of Japan＇s simple litigation system,such as the provisions of a very simple provisions of Japan, simple trial or even only two articles. In the case of the simple litigation system in Taiwan, the scope of application is much more than that of Japan. The scope of application is wider, but the system is not enough for the system. The academic community is not paying enough attention to the simple procedure. Many details still need to be done by the legal and practical practice, so it is necessary to do more complete specification.