The relationship between prosecutor and police in our country
Date Issued
2004
Date
2004
Author(s)
Chiu, Chih-hung
DOI
zh-TW
Abstract
Abstract
Te police have the duty to prevent jeopardizing public security and to detect the crime, former belongs to the administrative action, latter belongs to the judicial behavior. The two always interlock, for example stopping and inspecting ferret out the crime evidence, namely it is the administrative action which prevent jeopardizing public security coinciding with the judicial behavior which is to detect the crime. When the police is engaged in the duty which prevents jeopardizing public security, but meanwhile its effect possibly simultaneously achieves the duty which detects the crime, whether should the public prosecutor involve? The other relative question is should the public prosecutor get involved in the crime-detecting of the police? If is, what degree should the prosecutor get involved in? A more basic question is the police is one of legally organization which can work on crime-detecting independently? These questions all demonstrated the value of the research for the relation between the public prosecutor and the police.
This article counts approximately 140 thousand characters, altogether dividing six chapters to make a description: The first chapter showed the research motive, the scope, the construction, the method and the reference review; Second chapter examined the relation between the public prosecutor and the judicial police in the legal system and the realistic area, thoroughly discussed the two the nature and the duty. After this, I introduced the view of the scholars regarding this subject; Third chapter then introduced the foreign advanced countries including Germany, US, Japan, about the relation between the public prosecutor and the police in these countries, and carried on the comparison research with our law. I attempted to reorganize the principle and theory of police-prosecutor relationship in this chapter; Fourth chapter I proposes the basic theory and the concrete standard between the public prosecutor and the police role for our country according to the third chapter ; Fifth chapter I present the new relations between the public prosecutors and police in our country, then solve the disputation about this subject in the domestic by the basic theory and the concrete standard constructed in fourth chapter ; Finally in the sixth chapter I summarize this article viewpoint and put forward the concrete proposal.
Subjects
行政
檢警關係
司法警察
檢察官
微罪處理權
司法
prosecutor
police
administrative action
judicial behavior
police-prosecutor relationship
SDGs
Type
thesis
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