人民參審上訴制度之比較研究──以日本法制檢討為中心

A Comparative Study on Lay Participation's Appeal System: Focusing on the Review of Japan's Legal System

The “National Conference on Judicial Reform” convened by the Office of the President was based on the thinking of “people’s justice” and complemented with “innovative procedures gathering public opinions”and “judicial system keeping up with the times” as its two main concepts. In the meantime, the “indictment-only doctrine”, implementation of “strengthened first instance” and the establishment of “pyramided trial hierarchy” would be supplemented to facilitate lay participation system. However, given government’s proposed amendment to the Code of Criminal Procedure, the appeal system in Taiwan has not epitomized direct and verbal trials in the first instance, resulting in the failure to establish the pyramided trial hierarchy therein. On the other hand, the “lay participation”, “strengthened first instance” and “pyramided” trial hierarchy have been interconnected closely under Japan’s judicial reform. This article referred to Japan’s relevant theories, legislations and practice and could serve as a comparative legal study reference for our judicial reform.