Abstract
The main purpose of this research tries to construct a significant evidence ability verified model that includes both law-value system developed by sociology and objective、 specific test process proposed by Science, besides it must be easy to operate and can be applied to judge the individual case flexibly.
For the time limited, the content of this research focus on the study of the construction、operation and application of「Confession-evidence Absolute Exclusive Verified Model」(CAEVM).
The theory base of CAEVM derives from the theory of「3 Stages Inspection Exclusive Rule」that asserted by professor Yu-Hsiung Lin, and also integrates 「Confession of Rule and the Fruit of the Poisonous Tree Doctrine」provided by professor Jaw-Perng Wang and some practical experiences proposed by professor Jyun-Yi Lin , simultaneously introduces many Taiwan Supreme Court Verdicts ,with the aim to accommodate and enforce the above theory.
The fundamental value of CAEVM is to protect human right and deter the national judicial-authorities to take the confession-evidence by illegal methods and strongly wish that the judicial-authorities can return to the model of scientific investigation. So this research asserts firmly to apply strict 「Confessions of Rule and the Fruit of the Poisonous Tree Doctrine」on CAEVM, it is presented in chapter 3.
In the chapter 4, it not only reviews the culture of taking evidence by custody which is prevailing around Taiwan now, but also manage the CAVEM by case study to verify the capability of it’s practical operation.
For achieving the connection between theory and practice, this research adopts so called two stage’s process:「verified system」and 「verified process」in sequence to build the structure of CAVEM, it also easy to apply to the practical operation in the same way, more about the detail statement showed in chapter 3 and 4.
As usually, this research will propose some conclusions and recommendations which want the Taiwan government can organize an outside effective、 real-time monitoring system to review and monitor the effort of judicial-authorities. it is expressed in chapter 5.
For the「verified system」and 「verified process」is only a kind of thinking way, it’s value must be practiced by specific individual case and then might be explored and realized， so that this research urges the reader to change the verified criteria and contend of CAVEM to meet the necessity of individual case. It is the enthusiastic expectation of this research that the reader can create more new practical model to solve your specific case effectively and accurately.
