摘要
台湾地区2017年的"司法改革会议"已经落幕,其重要性在于,对整个司法体系做了完整的总检讨,也促进公部门的改革脚步。对于检察体系的改革,基层检察官关注的重点之一在于解决困扰已久的滥诉现象,可能的改革方案包括:由专人从速从简处理、研议有条件的刑事诉讼有偿制度、采取调解先行方式促使案件转向及微罪除罪化等。外界较为关注的面向则是检察权之有效监督,目前研议参考日本检察审查会制度,适度引入人民监督机制,确保检察官不予起诉之决定不致流于专断恣意。
The 2017 Judicial Reform Conference in Taiwan region has already ended, which reviewed the entire judicial system and promoted the reform of public authority. Regarding the reform of the procuratorial system, the important part which concerned by grassroots prosecutor is to solve the puzzle about indiscriminate lawsuits. The possible solutions involve the following aspects: handing this kind of lawsuits quickly by professional staff, drafting the payment system for criminal proceedings attached by certain conditions, adopting mediation in advance in order to transfer the nature of the case, eliminating some venial offenses gradually, and so no. The part which focused by public is about the effective supervision of the procuratorial powers. About this issue, the current studies focus on referring to the Japanese procuratorial review system and introducing the masses' supervising mechanism timely to ensure that the non-prosecution decision which made by prosecutors will not be arbitrary.
出处
《现代法治研究》
2018年第2期12-18,共7页
Journal of Modern Rule of Law
关键词
司法改革
检察权
起诉权
judicial reform
procuratorial power
prosecution
