| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 97 === Although in recent years, the Code of Criminal Procedure has gone through many major changes; in practice, there are still a lot of issues need to be resolved. For example, criminal investigation could be more efficient; the division of work between prosecutors and the police shall be put into effect; the number of cases received by the prosecutor’s office is too large; the quality of investigation has not yet improved, and so on. As a result, people do not trust the justice of law enforcement agencies and its efficiency. In the long run, people may even lose trust in the legal order.
The key solution to the above problems shall be resolved from the perspective of legal system. The paper studied and reviewed the Code of Criminal Procedure regarding the design of investigation structure pattern, the duty and obligation of prosecutors, and the interaction between prosecutors and judicial police officers. With reference to foreign legal systems, we tried to provide a thorough and in-depth analysis to the above issues.
The paper starts from the role and obligations of the prosecutors and judicial police officers in Taiwan, in order to illustrate certain systems under the Code of Criminal Procedure. For instance, the case rejection system, the system that an accused or suspect shall not be sent under certain circumstances, the contact between prosecutors and police officers, and the system of prosecutor`s investigators. We made comparisons to other foreign legal systems. Moreover, in response to the expanding number of cases received in practice, we pointed out that judicial officers in Japan have rights to dispose petty crimes, as a reference for our legal system. Finally,in order to provide practical and feasible proposals to legally solve the existing problems mentioned above, this paper attempts to re-interpret the role that prosecutors are playing and to re-construct the investigation structure under the Code of Criminal Procedure currently in effect in Taiwan by referring to the recent trend in law amendments in Taiwan and the legal systems of the Britain and United States.
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