| Summary: | 碩士 === 國立臺灣師範大學 === 臺灣史研究所 === 101 === In 1895, Taiwan was ushered into the Modern Western State System introduced by Japan from the society with traditional legal thought of Qing Dynasty. The complete new state criminal justice system and measures fighting against crimes turned over a new page of criminal search in Taiwan. With the legal rights empowered by Taiwan Governor-General, the prosecutor and judiciary police can present proof initially and make judgment in the crime trial. With this new method, people in Taiwan had to accept interrogation, arrest, search and investigation, etc. which they had never experienced before in accordance with the code of criminal procedure. This study aimed at exploring how the colonial rulers in Japanese Occupation established the system of proving crime in Taiwan with national public authority. The viewpoint of modern state system is utilized, and the evolution of the three aspects of criminal law resources, searching organization and searching technology were studied. The historical development of criminal search in the 50 years of Japanese Occupation was thus explored.
The new state system established within less than half a century since Meiji Restoration in Japan was still under continuous changes and reforms, which also subsequently affected colonial Taiwan. Based on the time sequence, this study categorized the evolution of criminal search into four chapters as the Establishment of Taiwan Criminal Search, the Actual Examples of Criminal Search in early Japanese Occupation, the Professional and Scientific Criminal Search after 1924 and the Change of Criminal Protection Policy Direction in late Japanese Occupation. The procedures of unique criminal search system in Taiwan established by Taiwan Governor-General, which was based on the standard of Japanese Modern State System considering the reality of colonial rule, were elaborated.
Though the procedure of Taiwan criminal search, which imitated that of Japan and developed continuously, had the special features of colonial laws and continued expansion of judiciary police’s searching rights, it experienced the periods of military control and different laws between Japan and Taiwan. At last, the same law was implemented in both Taiwan and Japan in 1924 to respect the new code of criminal procedure reformed under the consideration of human rights. In this procedure, the organization of judiciary police and the measures of criminal search were frequently changed. New types of social crimes and pursuit of human rights under new code of criminal procedure resulted in scientific and reasonable criminal search as well as the independence and enhancement of police detectives. In the meanwhile, because of the
administrative expansion of police, the criminal search in Taiwan was changed from the procedure of an individual case in the criminal charge to criminal protection policy aiming at the whole society, and the system of criminal investigation and protection were formed. Finally in the late Japanese Occupation, it became a factor of Japanese control over Taiwan during war time, ensuring the economic and human resources behind the war front.
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