Abstract: 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 transformed 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.ln 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.