An Analysis of Compulsory Measures in the Process of Criminal Proceedings in Mainland China—Taking Detention as an Example

• Main Authors: Ku, Hsuan-Ting, 顧軒庭
• Other Authors: Pang, Chien-Kuo
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/y6z939

博士 === 中國文化大學 === 國家發展與中國大陸研究所博士班 === 107 === Abstract This study explores the analysis of compulsory measures in the criminal proceedings in mainland China, and takes detention as an example. Both sides of the criminal procedure law have been revised in due course in response to changes in the times. What is the target and timing of the arrest? In terms of human rights, especially the basic powers and rights of the suspects, how should the suspects be relieved? This study will further examine the acts of compulsory measures in criminal proceedings in mainland China through historical research, interviews and literature analysis, and sort out the arresting factors of the mainland's arrest and criminal procedure law, and interview the relevant prosecution authorities and The judge and other personnel then do an analysis. After in-depth study of the literature and in-depth interviews with judges, prosecutors and police officers who executed the detention on eight continents, this study found that although Taiwan and mainland China originally originated from the civil law system, they did have significant differences under different legal systems. This characteristic is particularly evident in investigations. In Taiwan’s investigative organs, it is divided into procuratorial organs and judicial police organs. Although the prosecutors are called investigative subjects in traditional opinions, most of the major cases are handled by judicial police organs. The transfer of the investigation, however, the prosecutor is in the position of the protagonist in the investigation, and has a follow-up monitoring mechanism, the judicial police organs must be reviewed by the prosecutor on many matters. The study found that Taiwan has a clear explanation of the people's remedies in the criminal procedure law, but the right to remedy the people's rights and rights in human rights in mainland China should also be more clearly defined. Finally, the researcher puts forward the status quo of the duty distribution of the criminal investigation legal system and the police in the cross-strait criminal investigation, and proposes a review and improvement plan to ensure that the inspection and police respectively implement their respective legal procedures under the guidance of the principle of due process of law. Establish a legal system in which powers and responsibilities are consistent. Keywords: Mainland China, criminal proceedings, enforcement measures, detention, arrest