The Current State of Capital Punishments in Taiwan

本文分析臺灣過去死刑司法實務趨勢,並且嘗試預測未來死刑制度改革的走向。於第一部份中,本文回顧過往死刑實務運作,闡述唯一死刑規定在臺灣的前改革法律體系中所扮演的角色。第二部分,本文描述隨著民主化過程而發生的若干死刑制度重大改革,尤其著重於唯一死刑的廢除,以及死刑裁量的引入。除此之外,本文亦深入分析死刑的程序面向,並佐以相關統計數據,包括死刑維持率、判決確定所須時間等等。在最後部分,則檢視大衆對於死刑的反應。一般大衆雖然普遍而言支持死刑,但作者指出死刑獲得的支持正在減少。作者主張,公衆輿論的持續轉向,結合當局對於執行死刑所採取的保留態度,顯示針對現行的死刑實務運作之改革,可能在不久的未來將實現。

This article analyzes Taiwan's past and present trends in death penalty practices, and attempts to predict future death penalty reforms. The first part of the article offers an overview of the past death penalty practices. The author describes how mandatory death sentences were present in Taiwan's pre-reform legal system, which was a legacy of the civil war and the subsequent emergency rule, combined with Confucian morality that dominated Taiwanese thinking. In second part of the paper, the author details some major reforms in capital punishment that occurred following the democratization of Taiwan. The elimination of mandatory death penalty and introduction of discretionary death penalty is noted, among other important reforms. Additionally, the procedural aspect of capital punishment is described in detail, supplied by statistics on age, gender and offenses committed by convicts. In the final part of the paper, the author examines public response to capital punishment. Although it appears that general public supports death penalty, author notes that this support is declining. The author argues that this continued shift in public opinion, combined with hesitance of authorities to execute convicts indicates that reforms to the current capital punishment practices are likely to be expected in the near future.