| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 98 === In order to maintain the social order,to increase the public interests and ensure personal rights, countries establish laws to make people behave whatever they should and to prohibit them from the things they shouldn’t do. The criminal procedure law is founded to apply the criminal law and to make sure the concrete right of punishment of the country. Thus, the goal of the criminal procedure law is to disclose the truth and make the criminal law used rightfully. And to accomplish this goal, we should keep the justice of the procedure to protect the freedom of individuals and to defend the security of the society。
The criminal law, nowadays, usually composes of investigation, prosecution, trial and enforcement of imprisonment. The criminal system in our country also includes the police (in charge of criminal investigation), the prosecutor (conducting investigation and public suit), the court (the neutral umpire), and the prison (imprisoning and correcting the prisoners). The establishment of law is to educate people and make them obey the social order, therefore, it is not appropriate to set up laws that are too difficult and contradicting people’s recognition. However, the criminal procedure law that we are conducting now assumes that the prosecutor is the only subject of investigation and it is obviously against the people’s thoughts towards law. Because the function of the police in criminal law should be responsible for social order and the police department is in charge of the part mentioned above, it seems that the police should take part in the subjects of investigation. Besides, in practice, the on-going of investigation often includes not only prosecutor but police and other law enforcement officers. The prosecutor needs law enforcement officers to accomplish searching and holding in custody, let along most criminal cases are investigated independently by the police. Thus, the police should consider as part of the subject of investigation.
This article is about the locating of subjects in investigation through article researching and comparative approaches. Via the formation of investigation system and the comparison of subjects in investigation between R.O.C., the States, Japan, German, and China, it is expected to find out what defines the subjects in investigation. Also, it is hoped to clarify the essential differences between prosecutor and police and to bring up the best solution to rearrange the relations between the prosecutor and the police。
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