- 期刊
資訊揭露、證據使用與航空事故調查：台灣之法制現況與檢討
Information Disclosure, the Use of Evidence and Air Crash Investigations: A Review of the Current Regulatory Regime in Taiwan
摘要
2004年以後，隨著飛航事故調查法之制訂與相關命令、協議之制度建立，我國航空事故調查制度漸與國際公約或事故調查慣例接軌，其中《國際民航公約第13號附約》為影響國際航空事故調查機制最大者。於事故調查中，調查責任劃分與資訊揭露均為重要議題，即若逕由其他機關之不當介入或揭露所有資訊，則該等資料可能於訴訟程序中遭不當運用，並形成「寒蟬效應」，嚴重傷害航空事故調查機制。此問題於2016年《附約》第11版修正後，已有大幅改善。整體而言，我國航空事故調查法制結合近年來公約《附約》之發展，確實較《處理規則》時期已有相當可觀之釐清或價值選擇，但參照美國法制，現今我國之《運調法》在證據使用等面向上，仍有更完善之空間。
並列摘要
In 2004, the aviation accident investigation (shortly as ＂AAI＂) regulatory regime was passed along with relevant administrative degrees, Taiwan's AAI practices has gradually become in line with international operations which was based on. And the Annex 13 of Convention on International Civil Aviation isas of the main mechanism about international aviation accident investigation. In the AAI, the allocation of investigation responsibility the division of investigation responsibility and information disclosure the disclosure of informationare the main importantissues. If other agencies were involved in the investigation or disclosed ofthe information improperly, It would lead to improper use of evidences during the litigation procedure cause the misinterpretation in litigation procedures, forming a ＂chilling effect＂ which can seriously harm impair the AAI mechanism. However, the issue has been modified significantly improved sincein the 11th edition of the 11th edition of the Annex 13 in 2016. Over all, The AAI mechanism in Taiwan thatwhich combined with the development of the Convention recently is indeed makeing a considerable clarification or giving a more valuablee choice in compared to the original ＂The Regulation Governing the Handling of Investigation Procedures for Civil and Public Aircraft Occurrence＂ period. However, compare with US aviation law, Taiwan's Transportation Occurrence Investigation Act still has some issues such as the use of evidence, which still has room for improvement in the future.