Criminal Trial Proceeding Management And Time Management－Constructing Criminal Case Flow Management and Time Driven Activity-Based Costing Analysis for Criminal Proceedings
Date Issued
2010
Date
2010
Author(s)
Chen, Hen-Kuan
Abstract
The fundamental functions of criminal litigation are to provide protection over the basic human rights of defendants, find the facts, and realize the goals of legal norms of punishment to maintain the social welfare. Therefore, the courts shall execute the substantial due process to adequately finalize criminal cases so as to accurately exercise the state power of criminal punishment.
Currently, there is the cross-examination system in the first instance of criminal litigation. Except for the cases as defined by Clauses 1 and 2, Article 376 of the Criminal Procedures Law, criminal cases in the normal proceedings shall be trialed jointly by three judges. However, insufficient human resource of the judges has derived a structural limitation for criminal suits. How to pursue the best efficiency between the working time of the judges and maximal justice benefit in the criminal cases so as to preserve the fundamental rights of people with respect to the adequate and speedy trial is indeed the most important issue for criminal judicature revolution at the current stage.
This thesis adopting ABC theories of Managerial Accounting for time driven activity-based cost analysis and work flow management to construct activity-time-based costing system model for criminal proceeding and to propose a physical structure for constructing a criminal case flow management, where activity-based costing and overall quality management model are performed in terms of time to serve as objective assessment fundamental of process rebuilding and continuous revolution. Hopefully this is useful in generating effective solution for current criminal judgments.
Judicial Yuan and its subordinate courts of each level do not have an objective statistical tool to classify work time spent by a judge of the criminal tribunal in trial on various criminal cases in terms of respective procedures. As a result, there is no specific and explicit statistical data available for observation. This thesis proposes time driven activity- based cost analysis model for criminal proceedings with the expectation that it would be adopted by Judicial Yuan and its subordinate courts of each level to further engage in empirical research and analysis.
Keywords: criminal case flow management；time driven activity-based costing of criminal proceeding；speedy trial；measurement of time performance；process analysis
Subjects
criminal case flow management
time driven activity-based costing of criminal proceeding
speedy trial
measurement of time performance
process analysis
SDGs
Type
thesis
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