Does the Refined Adversary System Refine Gender Discrimination? Rape Trial and its Courtroom Culture in Taiwan

Carol Chih-Chieh Lin

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Does the Refined Adversary System Refine Gender Discrimination? Rape Trial and its Courtroom Culture in Taiwan

于Law, Morality and Power: Global Perspectives on Violence and the State

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Carol Chih-Chieh Lin

Carol Chih-Chieh Lin
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类型:: 章节

Page Range:: 103–110

DOI:: https://doi.org/10.1163/9781848880412_014

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Legal feminism has become one of the most important methods to criticise law since the 1970s. In response to the feminist movements, rape crimes were fundamentally reshaped in 1999 in Taiwan. The classic liberal ideology of privacy, autonomy, and individual choice shaped rape law reform. However, the reform did not succeed, rape victims in Taiwan still suffer from gender stereotypes. Therefore, feminists launched a second stage reform on criminal procedure, hoping that the refined adversary system would provide more protection to rape victims. This paper has three parts: First, I will briefly discuss the development of legal feminism, including liberal feminism, radical feminism and post-modern feminism. Second, I will introduce the former reforms of the Taiwanese criminal law and the reason for their failure. Third, I will focus on the latest reforms on criminal procedure. I believe the new reforms have three defects, including: the separate and inconsecutive work between investigation and cross examination, the conflict of interest in prosecutors’ works, the inseparate role of fact finding and trial directing, and the neglected rape shield law.

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Law, Morality and Power: Global Perspectives on Violence and the State

ISBN:: 9781848880412

出版社:: Brill

印刷出版日期:: 23 Apr 2010

Subjects
- Philosophy
  - Ethics & Moral Philosophy
  - Social & Political Philosophy

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Does the Refined Adversary System Refine Gender Discrimination? Rape Trial and its Courtroom Culture in Taiwan

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Law, Morality and Power: Global Perspectives on Violence and the State

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