The Comparison of the prosecution between China and Taiwan – Focus on the crime investigation

• Main Authors: Chen-Chung Fan, 范振中
• Other Authors: 張五岳
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/70367773522074676252

碩士 === 淡江大學 === 中國大陸研究所碩士在職專班 === 97 === The cooperation between China and Taiwan seldom interchange by public channel but usually by private channel because of justice sovereign. Moreover, both can’t penetrate with the systems of crime investigation mutually to cooperate with each other. Hence, we must hold the spirit of seeking common ground and putting aside the differences to understand the substances of the systems Cross Strait thoroughly in order to analyze the divergences. Furthermore, above all are the foundations to build a constant and stable cooperation Cross Strait, which is considered as an important task in the future. The final decisions of prosecution during the penal procedure are made by prosecutors in the system of crime investigation of China and Taiwan, which means the prosecutors dominate prosecution and are charged of supervision in law. As a result, the study is based on the analysis of literature, history and comparison to initially gather facts in order to connect basic theories, documents of changes of the regulation in each era, and documents of the research of regulations in each era to this passage concerning the subject of the administrative power of prosecutors under Cross Strait regulations. In addition, to look for the complete understanding and comparison with the systems Cross Strait, the study puts a focal point in crime investigation of systems dominated by prosecutors to seek legislation, organization framing and power to exercise, supervise and control, which presents the prosecution is the center of the investigation and the differences and similarities of the crime investigation systems Cross Strait. Moreover, the study seeks for the legislation and devises the possible design of future to lay foundation on the cooperation Cross Strait. The result from the analysis of the crime investigation of Cross Strait: The basic theories and history of prosecution which seek to become more substantial in the constitutional structure and a position in law, are the foundation to function well and constantly, while the legislature is given expectations to protect the various public interests; Moreover, the improvement of institution of investigation conforms to the demand of rule of law. Also, the enforcement supervising the investigation which relies on the prosecution reveals its own value during the penal procedure. The inevitable intervention of prosecutor shows the importance of clear position and operation of the prosecution. Consequently, by establishing the investigation firmly, the system entitles the prosecutor to become the protector of law and order in the state, to emphasize humanization in the design of the prosecuting procedure; all of the above are based on the critical mechanism "Supervised Crime Prosecution", which should be strongly considered throughout the practice of Criminal Investigation between China and Taiwan.