The research of administrative prosecutor’s position in criminal procedure-- compare with the systems of U.S., Japan, and Germany.

• Main Authors: Hsing-ping Lin, 林幸彬
• Other Authors: 柯耀程
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/87747016989939371319

碩士 === 國立中正大學 === 法律所 === 97 === The research of administrative prosecutor’s position in criminal procedure-- compare with the systems of U.S., Japan, and Germany. Administrative prosecutor（or investigator for the prosecutor）was set up on 2000. The system operated for several years later, there is still chaos on authorities and on the identity status unidentified places, the role of Administrative prosecutor in the criminal judicial system is awkward so far. How is the status in criminal procedure? At the beginning, there is no clear regulation that setting up. Although according to the code of organization , it belongs to administration of justice administrative duty department, with different duty to public prosecutor, then does the Administrative prosecutor only have judicial police''s officer''s roles? Or it should only be the public prosecutor''s aide? Depute prosecutor with U.S.A. of kind? Or it should be the same as the vice public prosecutor of Germany? Or the same as prosecutor work affairs officer of Japan（which is the same name as our Administrative prosecutor）? Purpose of this text is to distinguish its identity status and in criminal procedure to investigate role that system should act. Except probe into the role that the Administrative prosecutor is in the system, also to the evolution of this system, legal introduction in detail of functions and powers. Because the legal role of the Administrative prosecutor can be regarded as the public prosecutor''s auxiliary organ of investigation, I mainly put its legal functions and powers to implement investigation , so weight of this text put in criminal of investigating. And, because the system of criminal suit of our country follows Continental Europe law, and the roles in investigating criminally of prosecutor organ of U.S.A., Japan and Germany have nothing in common with each other. Above-mentioned three national prosecutor organs on earth, whether there is similar auxiliary manpower of investigation set up at present of our country, so I would like to compare with the relevant systems of the countries, such as U.S.A. , Japan and Germany ,etc. In light of actual conditions, understand that it is set up to staff member in the prosecutor organ, the contents of its legal functions and powers and operation situation. Especially in Japan, also has establishment of “ the affairs officer of prosecutor work” too, but its post content, working character, role are acted etc., whether it is the same as the Administrative prosecutor of our country. It really is the important reference for this system. If the main purpose of this system is to relieve prosecutor’s burden of work, we should consult the systems of Japan and Germany, look upon Administrative prosecutor as a deputy prosecutor. If the priority is investigating work, we could follow the system of U.S.A., creating a bureau of investigator in prosecutor’s offices. After been implemented and surveyed for several years, it is suitable to be put in a deputy prosecutor’s role in reality. And it should be regard as a kind of prosecutor.