裁判枉法？—以臺灣法律史上幾宗知名票據刑案為主之研究

In order to guard the judicial independence, judges are exempted from supervision over their interpretation in applying laws. Even judges law excludes it from criteria for evaluations. Under general circumstances, it is difficult to affirm a judge has bent the laws to make a judgement. Not until August 2010, the first case is established on a judge who bends the laws to reverse the conviction. Hence, unless it is evident the judgement was resulted from the bending laws, the crime would not be convicted. The law of negotiable instruments has been very severe to punish anyone who did not accept the negotiable instrument by presentation without any misbehavior for a long time. Particular judges are not able to make judgement disagreeing with this article, which has been abolished due to the roar of society. Some cases were sentenced to be innocent in the old times therefore become conspicuous and disputable. This study selected such obvious law-bending cases on innocent convictions under the old law of negotiable instruments and put it in the center of the picture of legal practices. The researcher is planning to check judicial archival sources on those cases to examine the parts of laws were bent by the judges. Further, the researcher will look into the human relationship between different parties in court, to investigate the dynamic behind the possible illegal conspiracy, e.g. bribe or interventions by superior officials. In this way this study would contribute to clarify the legal scenes after WWII empirically.