Abstract

After the French Revolution, the "legality" became a modern system of criminal law the main principles, the impact is not only safeguard the people's right to personal liberty, even at the system level, the social power of punishment from the hands of autocratic monarchy freed. The prevalence of authoritarian rulers during the period of torture, disappeared, transformed into a variety of monitoring and disciplinary mechanisms, generally scattered in every corner of social life. Foucault observed that this is a panoptic model of social control, discipline and supervision by the mechanism, modern society will become transparent, the people have no sense of resistance to tame. In the course of development of Taiwan's criminal law in force by the party-state authoritarian system, the intervention of the constitutional freedom fall short of all constitutional rights and political stability in the political ideology of the next to be sealed, refrigerated. Until 1997, three years between the year ○ ○ intensive series of amending the law of criminal legal action, not only reflects the lifting of martial law in 1987 after ten years in Taiwan to project the cumulative energy, but also makes the stability of the past The political shift to the main principles of human rights-oriented legislation trends. However, the political power out of the legal right of the penalty does not mean that society relative to disappear. Instead, the social penalties to carry out the ruling by the convenience of time is already past, the penalty of social rights must be exercised in strict accordance with the law to achieve the purpose of the legal and moral purpose, political, utilitarian purpose separation. Past rough, walk the edge in the legal way to judge the way of personal freedom, must turn to more specific, delicate, and even more in the sentence must be under the principle of non-criminal penalties to rethink the social exercise of the right. From the French Revolution of 1789, the Latin's legal proverb of "nullm crimen sinelege, nulla poena sine lege" was actualized in modern legal system. What it influenced was not just the protection of personal liberties, but also the emancipation of legal system from the reign of despotic emperor. Once the principle became the index of modern legal system, the power of cruel punishment soon trans formed into different phases of surveillance and discipline in every corner of social life. Foucault observed that it was the panoptical model which made modern society transparent and easy to control without any consciousness of resistance. In the case of Taiwan, the development of modern legal system encountered the strong intervention of political forces. Under the rule of party-state, the actualization of Habeas Corpus was unworthy of the name of title. The stability of political regime is the highest ruling principle and Martial law dominated all legal judgments, especially for criminal cases. After a series of legal amendments during the period from 1997 to 2003, the stability-dominated principle was replaced by the freedom- dominated principle and became the main subject of legal amendment in legislation