| 英文摘要 |
In the landmark case Boumediene v. Bush, when facing the question whether the system of the Combatants Status Review Tribunals (CSRT) combined with two other statutes were an adequate substitute for habeas review in designating enemy combatants, who were confronted with the danger of long-term detention, the Supreme Court of the United States began with the concept of the scope of review to deal with this issue. Firstly, the Court stressed that since habeas corpus is an adaptable remedy, the scope of habeas review should be larger in the cases of long-term detention such as enemy combatants’in Boumediene. Secondly, the fundamental way to expand scope of review in the cases of long-term detention is to add factual-finding power to habeas corpus review. Furthermore, the Supreme Court of the United States mentioned that to strengthen the factual-finding power of a habeas court, it requires some essential procedural elements such as to admit newly-discovered exculpatory evidence in the habeas corpus procedure. |
