The research of Japanese police act of interrogation-examination, and the discussion of current police act of interrogation in Taiwan

• Main Authors: Yan, Rong-Tai, 顏榮泰
• Other Authors: Liang, Tian-Sheng
• Format: Others
• Language: zh-TW
• Published: 1998
• Online Access: http://ndltd.ncl.edu.tw/handle/x4dnx8

碩士 === 中央警察大學 === 行政警察研究所 === 87 === The administration of law is definitely emphasized in the country where everyone is subject to the rule of law. As being civil servants, the police should carry out their duties legally, which is stipulated in the second article of Police Act subordinating to Organization Act. Within the duties performed by the police, interrogation-examination that features the function of crime prevention and investigation is the essential part. However, concerning the police's power to interrogate and examine, the current regulations governing police duties and other relevant acts do not stipulate it, but refer to it only. Moreover, neither the subject, object, situation, place and time of interrogation-examination are clearly explained in the act, nor are the limitation of the police's power, the measure, and the obligation of cross-examined people. This leads to the obstacle and constraint to the police when they carry out the duties. They may be afraid that being accused of invading people's property and freedom if they interrogate and examine thoroughly. Bearing this in mind, some police may hold the lax attitudes towards interrogation-examination and view it as the routine. This happens to the case of cross-examine on road, for example. It is highly expected that the police aim to maintain social order, and take people's benefit into account simultaneously. In order to achieve this goal, this dissertation suggests the authority should legalize the police's power to interrogate and examine in the near future. Our police system derives from that of Japan which can be a model regarding the legalization of interrogation-examination, the judgement of some similar cases in the court, or the skill to perform interrogation-examination. The Japanese police system, therefore, can be agreed to be the target of this research. This dissertation, in 170 thousands words or so, is divided into six chapters: Chapter one: introduction Explaining the motivation to do this research by pinpointing some issues nowadays. Besides, viewing and analyzing the literature concerning interrogation-examination, and introducing the methodology of doing this research. Chapter two: the definition of interrogation-examination, and its position in the law Exploring the definition of interrogation-examination, and discussing its position in the law. Is it an administrative behavior or actual behavior in terms of its quality in the law? Is it an imposed behavior or arbitrary behavior in terms of the measure of the interrogation-examination? Also, discussing the doctrine believed in Japan, and concurrently analyzing the perspective of the court for the purpose of clarifying the difference between cross-question and interrogation-examination. Chapter three: the control over the measure of interrogation-examination In the first section, the discussion focuses on the way to conduct interrogation-examination in order to reach the situation in which the human right, such as property right, privacy right, and so on, can be guaranteed. The second section addresses the issue of the potential necessity for the utilization of the command authorized by the court when the police carry out interrogation and examination. As for the right to keep silent if or when people are cross-examined, the third section plans to illustrate its practicability based on the currently running situation in Japan. The final section explains, owing to the limitation of the police's power, the extent of interrogation-examination can be accomplished. Chapter four: the exploration of Japanese act of interrogation-examination Introducing the innovation of Japanese act of interrogation and examination, and illustrating the second article of the regulation governing the police's performing duties. The discussion also attempts to deal with the characteristics of Japanese police act of interrogation-examination. Chapter five: the amendment of our act of interrogation-examination After viewing the general idea of Japanese act of interrogation- examination, the discussion aims to diagnose the running situation in our country, and point out the direction for legalizing or amending the act later on. Moreover, adopting the advantage of Japanese act of interrogation-examination, the discussion hopes to bring forward the guidance for the legalization of interrogation-examination. Chapter six: conclusion and comments This final discussion presents the tenor of the dissertation, and I hope, a sound conclusion. In addition, some comments are made from the position of the police against the incomplete regulation governing the performance of duties. Finally, the dissertation tries to devote positive suggestions to the legalization of interrogation-examination afterwards.