| 英文摘要 |
Based on the framework of establishing the pyramidal stages of trials, the criminal court’s third instance designed by the Judicial Yuan adopted the system of “strict trial of law with the permission to appeal” and its consistency with the right of instituting legal proceedings protected under the Constitution is questionable. This article, starting from the International Bill of Human Rights and introduction of relevant interpretations and amendments by the German Constitutional Court, European Court of Human Rights, and Taiwan’s J.Y. Interpretation, concluded that “general court’s priority”, “remedial approach’s clarity”, “opportunity of at least one ordinary appeal” and “timely relief” serve as the corner stones of a remedial system. In addition, on the condition that justice itself may infringe people’s fundamental rights, this article pointed out the unconstitutional concern and operational difficulty involved in Judicial Yuan’s said design and called for public attention to this issue. |
