距民國109年5月29日司法院大法官作成釋字第791號正式宣告刑法第239條及刑事訴訟法第239條但書違憲，迄今已滿3年。本文認為以實證角度進行法規範之再檢視，現下為一個非常合適的時機點，法規廢除後之再探討於我國修法歷程中甚為少見，然其實益性及必要性明顯被低估，本文即對於修法後之各個面向發展及變化提出觀察意見及評析，以期制度面能更臻完善。
過去幾十年就「通姦罪」的存與廢，應屬我國司法史上討論能量及社會資源投入與耗費之甚。然其目的、手段及效果是否相當、妥適，為汰除補強現有法規之不足，以達立法目的，我們是否能換個方式尋求更有效率的處理途徑。本文由法規沿革重新回顧通姦罪之存廢雙方主張，藉由多面向觀察聚焦修法後之社會現況，並就配套及未來制度之完善可能提出部份淺見。
It has been three years since May 29, 2020, when the Supreme Judge of the Judicial Yuan officially declared Article 239 of the Criminal Law and the proviso of Article 239 of the Criminal Procedure Law unconstitutional. This article believes that it is a very appropriate time to re-examine legal norms from an empirical point of view. Re-discussion after the abolition of laws and regulations is very rare in the process of law revision in my country, but its benefit and necessity are obviously underestimated. This article is about Provide observations and comments on the development and changes in various aspects after the revision of the law, with a view to improving the system.
The preservation and abolition of the "Crime of Adultery" in the past few decades should be regarded as the most energy and social resource investment and consumption in the judicial history of our country. However, whether its purpose, means, and effect are equivalent and appropriate, and whether we can find a more efficient way to deal with it in another way in order to eliminate and strengthen the shortcomings of existing laws and regulations to achieve the purpose of legislation. This article re-examines the views of both the existence and abolition of the crime of adultery from the history of laws and regulations, focuses on the current social situation after the amendment of the law through multi-faceted observation, and puts forward some preliminary opinions on the supporting and possible improvement of the future system.
