台湾地区刑事再审程序改革研究

A Study of the Reform on Criminal Retrial Procedure in Taiwan

台湾地区刑事再审程序被称为台湾地区"刑事诉讼法"中的"化石条款",自1935年以来未有过实质性修改。2015年台湾地区修改刑事再审程序启动事由,对"崭新性"和"显著性"要件作了修正,拉开了刑事再审程序修改的大幕。台湾地区刑事再审修改与对再审功能之反思、无辜者行动计划、人权保障运动发展等息息相关。从改革实效来看,台湾地区刑事再审程序改革基本实现了修法初衷,但刑事再审难的问题并未得到彻底解决。

The criminal retrial procedure in Taiwan is referred to as a “fossil clause” in the “Criminal Procedure Law” of Taiwan which has not been modified substantially since 1935. However the important conditions of “novelty” and “sig nificance” were amended in 2015 when Taiwan decided to initiate the revision of the procedure. The total modification of criminal retrial procedure in Taiwan District comes after this modification in 2015. In fact the revision of criminal retrial in Taiwan is closely related to the reflection on the retrial function the operation plan for the innocent and the development of the human rights protection movement. Though the reform of the procedure has basically realized its original intention of a mending the law in terms of its reform effect the difficulty in criminal retrial has not been solved thoroughly.