台湾地区的刑事卷宗制度及其借鉴意义

台湾地区通过审前程序中的权力制约和权利保障来保障卷宗信息的全面、可靠。传闻证据规则的确立和庭审中心的奉行,有效地保障了被告的诘问权和实体真实的发现。台湾刑事卷宗制度的借鉴意义在于:刑事卷宗制度不能废除;应当在四个方面对大陆的刑事卷宗制度进行正当化改造。

A Study of the Dossier of Criminal Procedure in Taiwan and the Significance of Reference

In Taiwan, to ensure the completeness and reliability of the information in dossier, the power of the prosecutor and the judge is restricted and the right of the suspect and advocacy are effectively checked and balanced before the legal process is carried out. The establishment of the hearsay rules and the responsibility of the trial center have effectively protected the right of the defendant to cross examine the case and to find truth. The significance of the reference of the dossier of the criminal procedure in Taiwan indicates that the practice of the dossier of criminal procedure cannot be eliminated and the reform of the dossier criminal procedure in the mainland should be carried out in four main aspects.