research of the criminal detection investigation of prosecutor and police

• Main Authors: Chen Yin Tsuen, 陳盈村
• Other Authors: Hsieh Chi Hon
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/43088328527527252421

碩士 === 輔仁大學 === 法律學研究所 === 98 === The adjustment of investigation authority of prosecutor and police has been a controversial issue among practical executors and theoretical scholars. The net conclusion of this dissertation seems to be that prosecutor and police are skilled in the investigation, profession and resource respectively; therefore, it shall be appropriate to establish bilateral investigation subjects, thereby rebuilding the parallel and cooperative relations between police and prosecutor, promoting professional quality of investigation, which may lead to the achievement of securing human rights. The second chapter explores the structure and history of investigation nature and the basic principal of its implementation so as to recognize that the mission focus of prosecutor has been shifted from investigating process to justice procedure in courts. Besides, through the explanation of legal process by Chancellor Conference, to ensure the fair justice of defense, offering the related parties with equal positions, equivalent relation between prosecutor and police would be essential The third chapter will study the position and mission of prosecutor and police investigation, and review the crucial regulations among the code of criminal procedure, leading to the concern whether prosecutor should continue to be the main undertaker of investigating process, or to authorize the police such function, such issue is open for evaluation. However, there are still differences between police and prosecutor in terms of mission case, subordinate institution, cultivation education, and personnel resource, at both aspects of practical execution and legal regulation, the main problems can be drawn from above difference analysis, i.e. investigating power is not proportional to expert, the argument of crime detecting subjects and defective law/rules. Additionally, in the 4th chapter this dissertation describes the effects that Japanese Special Detection Department and American Independent Prosecutor may have on the investigating power, except the comparisons among various countries under different detecting organization and legal system, aiming to figure out advantages against defects, in order to offer helpful references for improvements. The 5th chapter contends that current legal system should ensure the human right through fair justice procedure; such opinion shall comply with the explanations No.392, No.631 of Chancellor Conference. Further, we get to recognize that a prosecutor shall be an administrative officer rather than a judge; this has nothing to do with justice investigation, hence, the awareness of legal process and security sense of human right shall form the basic rule of criminal procedure and constitutional principles, thereby establishing the effective solution between investigating authorities of police and prosecutor.