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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/30134

    Title: 兩岸檢察權之比較 : 以犯罪偵查為中心
    Other Titles: The comparison of the prosecution between China and Taiwan : focus on the crime investigation
    Authors: 范振中;Fan, Chen-chung
    Contributors: 淡江大學中國大陸研究所碩士在職專班
    張五岳;Chang, Wu-ueh
    Keywords: 檢察官;檢察權;犯罪偵查;中國;   ;prosecutor;prosecution;crime investigation;China
    Date: 2009
    Issue Date: 2010-01-10 23:23:48 (UTC+8)
    Abstract: 兩岸對打擊犯罪的合作,因牽涉司法主權等因素,實質往來多透過「點對點」的個人或社團間交流,並非通案性的管道,雙方亦未對彼此犯罪偵查制度全貌充分掌悉,進而擴大互助。因此,如何「求同存異」,秉持「同意歧見」精神,務實看待彼此的制度,透過整體性認知兩岸制度原貌,並釐清箇中差異所在,以此建立基礎,構築兩岸後續可長可久,有效穩固的交流合作,自屬重要。
    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.
    Appears in Collections:[中國大陸研究所] 學位論文

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