我国台湾地区审前羁押决定权变更之回顾与评析

1997年，我国台湾地区取消了检察官的审前羁押决定权，并通过了确立拘捕前置原则和羁押声请原则、细化羁押适用要件、确立羁押听审制度等多项羁押制度改革措施，取得了审前羁押率大幅下降的实施效果。台湾地区审前羁押决定权的变更直接反映了社会各界对司法权本质、刑事司法理念的态度演变，是建立在审检分隶、提高法官地位等多项司改举措逐步推进的基础之上，并通过热点案例引发广泛舆论关注与法界论战的助推才得以完成的。总结台湾地区审前羁押决定权变更的借鉴意义，既体现了审前羁押权力配置应遵循分权原则、羁押审查程序宜采行诉讼化构造的现代刑事法治发展要求，也揭示了顺利推进羁押决定权变更有赖于各方面条件成就这一事实。

Review and Analysis on the Change of Decision-Making Power of Pretrial Custody in China's Taiwan District

In 1997, Taiwan district abolished the prosecutor's decision-making power of pretrial custody, and adopted a number of reform measures of custody system, such as establishing the principle of pre-arrest and the principle of custody claim, refining the applicable elements of custody, establishing the custody hearing system, and so on. The implementation effect of the pretrial custody rate has been greatly reduced. The change of pretrial custody decision-making power in Taiwan directly reflects the evolution of the attitude of all sectors of society towards the essence of judicial power and the concept of criminal justice. It is based on the gradual promotion of several measures such as the division of trial and prosecution, the improvement of the status of judges and so on. It is also driven by the hot cases that have aroused widespread public attention and legal debates. This paper summarizes the reference significance of the change of pretrial custody decision-making power in Taiwan district, which not only reflects the development requirements of modern criminal law that the power allocation of pretrial custody should follow the principle of separation of powers and the custody review procedure should adopt the litigation structure, but also reveals the fact that the smooth progress of the change of custody decision making power depends on the achievement of various conditions.