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妥與速,審判當求兩全其美
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漢堡王子
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只要想想,有一名被告,十幾年來困在法庭,法院卻一直無法給個無罪有罪的肯定答案,就不難理解司法院為什麼要推動「刑事妥速審判法」這樣的法案。

不過,天平本有兩端,顧到被告,另一邊被害人的權益誰憐?速審法馬上會遇到是否公平、是否衍生弊端,誰該負責任等挑戰。

例如,草案規定:案子審十年、十二年以上,法院認為適當,可以駁回起訴,終結案件。但是,為什麼是駁回起訴,而不是判決無罪?想要清白的被告或許不想接受如此「不明不白」;被害人及家屬也未必服氣,司法怎麼放棄職責,提前打烊?

草案又規定:案件六年未結,發回三次以上,再上訴三審就難了。為什麼是六年、三次,不是七年、四次,標準的設定有什麼道理?為什麼同為被告,要受程序快慢的差別待遇,會不會產生專打「速審」案件的律師?

此外,速審法以非常手段終結案件後,誰該為案件的擱延負責?草案規定,律師、檢察官藉故拖延審判,法官可以要求處置,但若積案出於起訴或審判草率,誰來監督?欠缺監督,是否會使速審法僅成為幫忙法官解決纏訟積案的機制?

刑事積案是司法的宿疾,司法院願意揭開瘡疤面對,精神值得鼓勵。但也因速審法是解決沉痾的特效藥,因而充滿對公平、價值的判斷和選擇;例如,倘選擇駁回起訴,而非判決被告無罪,是否不希望為案件的實質結果定調,儘量在被告及被害人權益取得平衡。針對各項質疑,司法院必須清楚說明,才足釋疑。

此外,司法院還必須繼續深入積案問題核心,提供全面藥方,避免外界以為速審法只是鋸箭讓法官逃避積案。

刑事積案為什麼那麼多?身處官司的被告苦、當事人苦,法官牢騷也不少,主要原因出在我們有一審、二審兩個事實審,和法官有維護公平正義的傳統責任。

因為二審也要審究事實,三審也難免碰觸事實,形成一、二審法官的依賴心理;遇到疑難雜症,差不多就判決,反正「後面」還有人管,不必有判斷對錯的壓力。也因為法官要維護公平正義,必要時得主動調查事實,檢察官多少存有先起訴再說的僥倖,起訴證據不夠,法官得插手調查,不敢輕易判決無罪。若案子癥結出在案發時採證、鑑識、或針對有罪要件的取供不足,事後彌補無門,法官更難下判斷,既不敢判無罪,有罪、重罪又判不下手,案子就卡住了。

司法史上被告被羈押最久的學童陸正案,第十一次發回更審,還糾纏在指紋、屍體肢解用刀的爭議;目前發回更審最多,達十五次的醫師謝政憲遭焚屍案,於今還在查,被告邱聖龍等是擄人勒贖或妨害自由。耗時纏訟的意義何在?真相正義的面貌應該為何?

積案纏訟背後有訴訟制度、文化、資源分配、審判心理、偵查審判角色定位、公平正義價值轉變等多重問題,都非速審法十幾個條文能藥到病除,需要更完整的方案面對。

就如修正訴訟制度,將二審改為不重複調查事實的事後審,三審為嚴格的法律審,將減少人民上訴機會,但會讓訴訟流程精緻化,檢察官審慎起訴,卻也容易遭致阻力;倘要讓法官純然聽審,則會衝擊到法官包青天的傳統形象。司法院須有步驟、方法地使大家理解為何作此改革,否則只會原地踏步。

司法有其極限,在追求個案真相,公平、效率的多種價值間,必須適時調整、抉擇、倡議。速審法有如解決久懸未結案件的推進劑,凝聚各界力量,正視「司法怎麼了」的難題。畢竟司法系統中存在如陸正案的司法案件,一個羈押廿二年的被告,和長期等待真凶定罪的傷心父親,已面臨非改不可的非常時刻,誰都不應輕忽。


A central branch of metaphysics is ontology, the investigation into what types of things there are in the world and what relations these things bear to one another. The metaphysician also attempts to clarify the notions by which people understand the world, including existence, objecthood, property, space, time, causality, and possibility.



Like all proteins, enzymes are made as long, linear chains of amino acids that fold to produce a three-dimensional product. Each unique amino acid sequence produces a specific structure, which has unique properties. Individual protein chains may sometimes group together to form a protein complex. Most enzymes can be denatured—that is, unfolded and inactivated—by heating or chemical denaturants, which disrupt the three-dimensional structure of the protein. Depending on the enzyme, denaturation may be reversible or irreversible.



A car rental or car hire agency is a company that rents automobiles for short periods of time (generally ranging from a few hours to a few weeks) for a fee. It is an elaborate form of a rental shop, often organized with numerous local branches (which allow a user to return a vehicle to a different location), and primarily located near airports or busy city areas and often complemented by a website allowing online reservations.





Car rental agencies primarily serve people who have a car that is temporarily out of reach or out of service, for example travellers who are out of town or owners of damaged or destroyed vehicles who are awaiting repair or insurance compensation. Because of the variety of sizes of their vehicles, car rental agencies may also serve the self-moving industry needs, by renting vans or trucks, and in certain markets other types of vehicles such as motorcycles or scooters may also be offered.





Alongside the basic rental of a vehicle, car rental agencies typically also offer extra products such as insurance, global positioning satellite (GPS) navigation systems, entertainment systems, and even such things as mobile phones.





Builders of computer systems often need information about floating-point arithmetic. There are, however, remarkably few sources of detailed information about it. One of the few books on the subject, Floating-Point Computation by Pat Sterbenz, is long out of print. This paper is a tutorial on those aspects of floating-point arithmetic (floating-point hereafter) that have a direct connection to systems building. It consists of three loosely connected parts. The first Section, “Rounding Error,” on page 173, discusses the implications of using different rounding strategies for the basic operations of addition, subtraction, multiplication and division. It also contains background information on the two methods of measuring rounding error, ulps and relative error. The second part discusses the IEEE floating-point standard, which is becoming rapidly accepted by commercial hardware manufacturers. Included in the IEEE standard is the rounding method for basic operations. The discussion of the standard draws on the material in the Section , “Rounding Error,” on page 173. The third part discusses the connections between floating-point and the design of various aspects of computer systems. Topics include instruction set design, optimizing compilers and exception handling.



Health insurance is insurance that pays for medical expenses. It is sometimes used more broadly to include insurance covering disability or long-term nursing or custodial care needs. It may be provided through a government-sponsored social insurance program, or from private insurance companies. It may be purchased on a group basis (e.g., by a firm to cover its employees) or purchased by individual consumers. In each case, the covered groups or individuals pay premiums or taxes to help protect themselves from high or unexpected healthcare expenses. Similar benefits paying for medical expenses may also be provided through social welfare programs funded by the government.



However, it was not until the 15th century that spies were specially trained for their purpose, and not until the 17th century that the word shinobi appeared to define and clearly identify ninjas as a secretive group of agents. Evidence for this can be seen in historical documents, which began to refer to stealthy soldiers as shinobi during the Sengoku period.



Tyrannosaurus rex was one of the largest land carnivores of all time; the largest complete specimen, FMNH PR2081 ("Sue"), measured 12.8 metres (42 ft) long, and was 4.0 metres (13 ft) tall at the hips. Mass estimates have varied widely over the years, from more than 7.2 metric tons (7.9 short tons), to less than 4.5 metric tons (5.0 short tons), with most modern estimates ranging between 5.4 and 6.8 metric tons (6.0 and 7.5 short tons). Although Tyrannosaurus rex was larger than the well known Jurassic theropod Allosaurus, it was slightly smaller than Cretaceous carnivores Spinosaurus and Giganotosaurus.



With only 20 aircraft ultimately built, the costly development phase represented a substantial economic loss. Additionally, Air France and British Airways were subsidised by their governments to buy the aircraft. As a result of the type's only crash (on 25 July 2000), world economic effects arising from the 9/11 attacks, and other factors, operations ceased on 24 October 2003. The last "retirement" flight occurred on 26 November 2003.





Concorde remains an icon of aviation history, and has acquired an unusual nomenclature for an aircraft. In common usage in the United Kingdom, the type is known as "Concorde" rather than "the Concorde" or "a Concorde".



The Ivy League is an athletic conference comprising eight private institutions of higher education in the Northeastern United States. The term is most commonly used to refer to those eight schools considered as a group. The term also has connotations of academic excellence, selectivity in admissions, and social elitism.





The term became official, especially in sports terminology, after the formation of the NCAA Division I athletic conference in 1954, when much of the nation polarized around favorite college teams. The use of the phrase is no longer limited to athletics, and now represents an educational philosophy inherent to the nation's oldest schools. In addition, Ivy League schools are often viewed by the public as some of the most prestigious universities worldwide and are often ranked amongst the best universities in the United States and worldwide.





After the death of his father, Georges Vuitton began a campaign to build the company into a worldwide corporation, exhibiting the company's products at the Chicago World's Fair in 1893. In 1896, the company launched the legendary Monogram Canvas and made the worldwide patents on it. Its graphic symbols, including quatrefoils and flowers (as well as the LV monogram), were based on the trend of using Japanese and Oriental designs in the late Victorian era. The patents later proved to be successful in stopping counterfeiting. In this same year, Georges traveled to the United States, where he toured various cities (such as New York, Philadelphia, and Chicago), selling Vuitton products during the visit. In 1901, the Louis Vuitton Company introduced the Steamer Bag, a smaller piece of luggage designed to be kept inside Vuitton luggage trunks.



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